Terms of service
Overview
This website is operated by Olive on 63rd. Throughout the site, the terms “we”, “us” and “our” refer to Olive on 63rd. Olive on 63rd offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
By visiting our site and/or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service” or “Terms”), including any additional terms, conditions and policies referenced herein or available on our website.
These Terms of Service apply to all users of the site, including, without limitation, users who are browsers, customers, vendors, merchants and/or contributors of 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 be bound by these Terms of Service. If you do not agree to these Terms, you may not access the website or use our Services.
Any new features or tools added to the current store will also be subject to these Terms of Service. You may review the most current 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 to our website. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
Our store is hosted on Shopify Inc. Shopify provides us with the online e-commerce platform that allows us to sell our products and Services to you.
Section 1 — Online Store Terms
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your province, state or jurisdiction of residence, or that you are the age of majority and have given us your consent to allow any of your minor dependants to use this site.
You may not use our products or Services for any illegal or unauthorized purpose, nor may you, in the use of the Service, violate any applicable laws in your jurisdiction, including copyright laws.
You must not transmit any worms, viruses or other code of a destructive nature.
A breach or violation of any of these Terms may result in immediate termination of your Services.
Section 2 — General Conditions
We reserve the right to refuse Service to anyone for any lawful reason at any time.
You understand that your content, excluding credit card information, may be transferred unencrypted and involve:
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transmissions over various networks; and
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changes to conform and adapt to technical requirements of connecting networks or devices.
Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, 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 these Terms are included for convenience only and will not limit or otherwise affect these Terms.
Section 3 — Accuracy, Completeness and Timeliness of Information
We are not responsible if information made available on this site is inaccurate, incomplete or not current.
Material on this site is provided for general information and should not be relied upon or used as the sole basis for making decisions without consulting more complete, accurate or timely sources of information where appropriate. Any reliance on material on this site is at your own risk.
This site may contain certain historical information. Historical information is not current and is provided for reference only.
We reserve the right to modify the contents of this site at any time but have no obligation to update any information except where required by law.
Section 4 — Modifications to the Service and Prices
Prices for our products are subject to change without notice.
We reserve the right at any time to modify or discontinue the Service, or any part or content thereof, without notice.
We shall not be liable to you or any third party for any modification, price change, suspension or discontinuance of the Service, except as otherwise required by applicable law.
Section 5 — Products or Services
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 in accordance with our Refund Policy.
We have made every effort to display as accurately as possible the colours and images of our products that appear on our store. We cannot guarantee that your device or monitor will display colours accurately.
Many of our products incorporate handmade textiles, prints, dyes and other handcrafted details. Slight variations in colour, pattern, placement or finish may occur between individual pieces and are part of the nature of handmade products.
We reserve the right, but are not obligated, to limit sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis.
We reserve the right to limit the quantities of any products or Services we offer.
All product descriptions and prices are subject to change at any time without notice, at our sole discretion.
We reserve the right to discontinue any product at any time. Any offer for a product or Service made on this site is void where prohibited.
We do not warrant that the quality of any products, Services, information or other material purchased or obtained by you will meet your expectations, except for any rights or warranties that cannot lawfully be excluded.
Section 6 — Accuracy of Billing and Account Information
We reserve the right to refuse, limit or cancel any order you place with us, subject to applicable law.
We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, credit card and/or billing or shipping address.
If we make a change to or cancel an order, we may attempt to notify you using the email address, billing address or phone number provided when the order was placed.
We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete and accurate purchase and account information for all purchases made through our store.
You agree to promptly update your account and other information, including your email address and payment information, so that we can complete your transactions and contact you as needed.
For more information regarding returns and refunds, please review our Refund Policy.
Section 7 — Optional Tools
We may provide you with access to third-party tools over which we neither monitor nor have control or input.
You acknowledge and agree that we provide access to such tools “as is” and “as available” without warranties, representations or conditions of any kind and without endorsement.
We shall have no liability arising from or relating to your use of optional third-party tools, except where liability cannot lawfully be excluded.
Any use by you of optional tools offered through the site is entirely at your own risk and discretion. You should review and approve the terms on which tools are provided by the relevant third-party provider.
We may also, in the future, offer new Services and/or features through the website. Such new features and Services will also be subject to these Terms of Service.
Section 8 — Third-Party Links
Certain content, products and Services available through our Service may include materials from third parties.
Third-party links on this site may direct you to websites that are not affiliated with us.
We are not responsible for examining or evaluating the content or accuracy of third-party websites and do not warrant or accept responsibility for third-party materials, websites, products or Services.
We are not liable for harm or damages relating to the purchase or use of goods, Services, resources or content through third-party websites, except where such liability cannot lawfully be excluded.
Please review the third party's policies and practices carefully before engaging in any transaction with them.
Questions or concerns regarding third-party products or Services should be directed to the applicable third party.
Section 9 — User Comments, Feedback and Other Submissions
If, at our request, you send specific submissions, such as contest entries, or without a request from us you send creative ideas, suggestions, proposals, plans or other materials, whether online, by email, by postal mail or otherwise (“Comments”), you agree that we may, subject to applicable law, edit, copy, publish, distribute, translate and otherwise use those Comments.
We are under no obligation to:
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maintain Comments in confidence;
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pay compensation for Comments; or
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respond to Comments.
We may, but have no obligation to, monitor, edit or remove content that we determine to be unlawful, offensive, threatening, defamatory, obscene or otherwise objectionable, or that violates another party's intellectual property rights or these Terms of Service.
You agree that your Comments will not violate any rights of a third party, including copyright, trademark, privacy, personality or other personal or proprietary rights.
Your Comments must not contain unlawful, abusive or obscene material or any computer virus or other malware that could affect the operation of the Service or any related website.
You may not use a false email address, pretend to be someone other than yourself or otherwise mislead us or third parties regarding the origin of any Comments.
You are responsible for the Comments you make and their accuracy.
Section 10 — Personal Information
Your submission of personal information through the store is governed by our Privacy Policy.
Section 11 — Errors, Inaccuracies and Omissions
Occasionally, information on our site or within the Service may contain typographical errors, inaccuracies or omissions relating to product descriptions, pricing, promotions, offers, shipping charges, transit times or availability.
We reserve the right to correct errors, inaccuracies or omissions and to change or update information or cancel orders if information in the Service or on any related website is inaccurate, including after an order has been submitted, subject to applicable law.
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including pricing information, except as required by law.
No specified update or refresh date applied to the Service or any related website should be taken to indicate that all information has been modified or updated.
Section 12 — Prohibited Uses
In addition to other prohibitions set forth in these Terms of Service, you are prohibited from using the site or its content:
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for any unlawful purpose;
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to solicit others to perform or participate in unlawful acts;
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to violate any applicable international, federal, provincial, state or local regulations, rules or laws;
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to infringe upon or violate our intellectual property rights or the intellectual property rights of others;
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to harass, abuse, insult, harm, defame, intimidate or unlawfully discriminate against another person;
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to submit false or misleading information;
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to upload or transmit viruses or other malicious code that may affect the functionality or operation of the Service, related websites, other websites or the Internet;
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to collect or track the personal information of others unlawfully;
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to spam, phish, pharm, pretext, spider, crawl or scrape;
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for any obscene or unlawful purpose; or
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to interfere with or circumvent security features of the Service, related websites, other websites or the Internet.
We reserve the right to terminate your use of the Service or any related website for violating these prohibited uses.
Section 13 — Disclaimer of Warranties; Limitation of Liability
We do not guarantee, represent or warrant that your use of our Service will be uninterrupted, timely, secure or error-free.
We do not warrant that results obtained from the use of the Service will always be accurate or reliable.
You agree that from time to time we may remove the Service for periods of time or cancel the Service at any time without notice.
To the maximum extent permitted by applicable law, your use of, or inability to use, the Service is at your sole risk.
The Service and all products and Services delivered to you through the Service are, except as expressly stated by us or required by applicable law, provided “as is” and “as available” without representations, warranties or conditions of any kind, either express or implied.
To the maximum extent permitted by applicable law, Olive on 63rd and our directors, officers, employees, affiliates, agents, contractors, suppliers, service providers and licensors will not be liable for indirect, incidental, punitive, special or consequential damages arising from your use of the Service or products purchased through the Service.
Nothing in these Terms is intended to exclude, restrict or limit any rights, warranties or remedies that cannot lawfully be excluded under applicable consumer protection laws.
Section 14 — Indemnification
You agree, to the extent permitted by applicable law, to indemnify and hold harmless Olive on 63rd and our affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers and employees from claims or demands, including reasonable legal fees, arising from your breach of these Terms of Service, documents incorporated by reference, or violation of applicable law or the rights of a third party.
Section 15 — Severability
If any provision of these Terms of Service is determined to be unlawful, void or unenforceable, that provision will nevertheless be enforceable to the fullest extent permitted by applicable law.
Any unenforceable portion will be deemed severed from these Terms of Service, and the determination will not affect the validity or enforceability of the remaining provisions.
Section 16 — Termination
The obligations and liabilities of the parties incurred before the termination date will survive termination of these Terms where applicable.
These Terms of Service remain effective unless and until terminated by either you or us.
You may terminate these Terms at any time by notifying us that you no longer wish to use our Services or by ceasing to use our site.
If, in our sole judgment, you fail or we suspect that you have failed to comply with any provision of these Terms, we may terminate or restrict your access to the Service, subject to applicable law.
You will remain responsible for any amounts properly due up to and including the date of termination.
Section 17 — Entire Agreement
Our failure to exercise or enforce any right or provision of these Terms of Service does not constitute a waiver of that right or provision.
These Terms of Service and any policies or operating rules posted by us on this site constitute the entire agreement and understanding between you and us regarding your use of the Service and supersede prior or contemporaneous agreements, communications and proposals relating to the Service, whether oral or written.
Any ambiguity in the interpretation of these Terms will be interpreted in accordance with applicable law.
Section 18 — Governing Law
These Terms of Service and any separate agreements through which we provide Services to you shall be governed by and construed in accordance with the laws of the Province of British Columbia and the applicable federal laws of Canada.
Nothing in these Terms affects any consumer rights that apply to you under mandatory laws in your jurisdiction.
Section 19 — Changes to Terms of Service
You can review the most current version of these 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 by posting updates and changes to our website.
It is your responsibility to check our website periodically for changes.
Your continued use of or access to our website or Service following the posting of changes constitutes acceptance of those changes, subject to applicable law.
Section 20 — Contact Information
Questions about these Terms of Service can be sent to:
Olive on 63rd
Email: shop@oliveon63rd.com
Phone: 778-927-5242