Terms of service
OVERVIEW
Welcome to Lovely All Day.
The terms "we," "us," and "our" refer to Lovely All Day. Lovely All Day operates this website and online store, including all related information, content, features, tools, products, and services (the "Services"). Our online store is powered by Shopify, which enables us to provide the Services to you.
These Terms of Service, together with any policies referenced within them, explain your rights and responsibilities when using our Services.
Please read these Terms carefully, as they contain important information about your legal rights, including warranty disclaimers and limitations of liability.
By accessing or using our Services, you agree to be bound by these Terms of Service and our Privacy Policy. If you do not agree with these Terms or our Privacy Policy, please do not use our Services.
SECTION 1 – ACCESS AND ACCOUNT
By using our Services, you represent that you are at least the age of majority in your state or province of residence, or that you have given consent for any minor dependents under your care to use the Services on devices you own or manage.
To access certain features of our website or to place an order, you may be asked to provide information including your name, email address, billing address, shipping address, and payment information. You represent and warrant that all information you provide is accurate, current, and complete, and that you have the legal right to provide such information.
You are responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account. You may not transfer, sell, assign, or license your account to another person.
SECTION 2 – OUR PRODUCTS
We make every effort to display our products and services as accurately as possible. However, colors, packaging, and product appearance may vary depending on your device, screen settings, and display configuration.
We do not guarantee that the appearance or quality of any product or service you receive will exactly match what is shown on our website.
All product descriptions, pricing, and availability are subject to change at any time without notice. We reserve the right to discontinue any product or limit the quantities available for purchase at our sole discretion.
SECTION 3 – ORDERS
When you place an order, you are making an offer to purchase our products. Lovely All Day reserves the right to accept or decline any order at our sole discretion.
Your order is not considered accepted until payment has been received and you receive an order confirmation from us.
Please review your order carefully before submitting it. Once an order has been accepted and enters processing, we may not be able to accommodate cancellations or changes.
If we are unable to fulfill your order or need to modify or cancel it, we will attempt to contact you using the email address or phone number provided during checkout.
All purchases are subject to our Return Policy.
You represent and warrant that products purchased from Lovely All Day are for your personal or household use and not for commercial resale or export.
SECTION 4 – PRICES AND BILLING
All prices, promotions, and discounts are subject to change without notice.
The price charged for your order will be the price displayed at the time your order is placed and will be reflected in your order confirmation.
Unless otherwise stated, product prices do not include applicable taxes, shipping charges, customs duties, or import fees.
Prices on our website may differ from prices offered at our café or through other retailers.
You agree to provide current, complete, and accurate billing, payment, and account information for all purchases. You also agree to promptly update your information so we can complete your transactions and contact you if necessary.
By placing an order, you represent that the payment information you provide is accurate, that you are authorized to use the selected payment method, and that you will be responsible for all charges associated with your purchase, including applicable taxes and shipping costs.
SECTION 5 – SHIPPING AND DELIVERY
Shipping and delivery times are estimates only and are not guaranteed.
Lovely All Day is not responsible for delays caused by shipping carriers, customs processing, weather, or other events beyond our control.
Once your order has been transferred to the shipping carrier, title and risk of loss pass to you.
For additional information about processing times, shipping methods, and international orders, please refer to our Shipping Policy.
SECTION 6 – INTELLECTUAL PROPERTY
All content available through our Services, including but not limited to our trademarks, logos, photographs, product images, graphics, artwork, text, videos, audio, and website design, is the property of Lovely All Day or its licensors and is protected by United States and international intellectual property laws.
You may use our Services for your personal, non-commercial use only. You may not reproduce, distribute, modify, create derivative works from, publicly display, republish, download, store, or otherwise use any content from our Services without our prior written permission.
Nothing in these Terms grants you any ownership rights or license to use any trademarks, copyrights, or other intellectual property belonging to Lovely All Day, Shopify, or any third party.
All rights not expressly granted are reserved by Lovely All Day.
SECTION 7 – OPTIONAL TOOLS
Our Services may include tools or features provided by third parties. These tools are provided "as is" and "as available," and we do not monitor or control them.
Your use of any third-party tools is entirely at your own risk. We encourage you to review the terms and privacy policies of any third-party services you choose to use.
We may also introduce new features, tools, or services from time to time. Unless otherwise stated, those features will also be governed by these Terms of Service.
SECTION 8 – THIRD-PARTY LINKS
Our website may contain links to third-party websites, services, or resources.
We are not responsible for the content, accuracy, privacy practices, or availability of any third-party websites. Accessing those websites is at your own risk.
If you purchase products or services from a third party after leaving our website, your transaction is solely between you and that third party. Any questions, concerns, or claims should be directed to the applicable third party.
SECTION 9 – RELATIONSHIP WITH SHOPIFY
Our online store is powered by Shopify, which enables us to provide our Services.
However, all purchases made through this website are made directly with Lovely All Day and not with Shopify.
By using our Services, you acknowledge and agree that Shopify is not responsible for any aspect of your transactions with Lovely All Day, including any injury, damage, loss, or claims arising from products or services purchased through our store.
To the fullest extent permitted by law, you release Shopify and its affiliates from any claims, damages, or liabilities arising from purchases made through Lovely All Day.
SECTION 10 – PRIVACY POLICY
Your use of our Services is also governed by our Privacy Policy.
Because our website is hosted by Shopify, certain personal information may also be collected and processed by Shopify in order to provide secure checkout, payment processing, fraud prevention, customer accounts, and other ecommerce services.
For more information about how we collect and use your personal information, please review our Privacy Policy. To learn more about Shopify's privacy practices, please visit Shopify's Privacy Policy.
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SECTION 6 – INTELLECTUAL PROPERTY
All content available through our Services, including but not limited to our trademarks, logos, photographs, product images, graphics, artwork, text, videos, audio, and website design, is the property of Lovely All Day or its licensors and is protected by United States and international intellectual property laws.
You may use our Services for your personal, non-commercial use only. You may not reproduce, distribute, modify, create derivative works from, publicly display, republish, download, store, or otherwise use any content from our Services without our prior written permission.
Nothing in these Terms grants you any ownership rights or license to use any trademarks, copyrights, or other intellectual property belonging to Lovely All Day, Shopify, or any third party.
All rights not expressly granted are reserved by Lovely All Day.
SECTION 7 – OPTIONAL TOOLS
Our Services may include tools or features provided by third parties. These tools are provided "as is" and "as available," and we do not monitor or control them.
Your use of any third-party tools is entirely at your own risk. We encourage you to review the terms and privacy policies of any third-party services you choose to use.
We may also introduce new features, tools, or services from time to time. Unless otherwise stated, those features will also be governed by these Terms of Service.
SECTION 8 – THIRD-PARTY LINKS
Our website may contain links to third-party websites, services, or resources.
We are not responsible for the content, accuracy, privacy practices, or availability of any third-party websites. Accessing those websites is at your own risk.
If you purchase products or services from a third party after leaving our website, your transaction is solely between you and that third party. Any questions, concerns, or claims should be directed to the applicable third party.
SECTION 9 – RELATIONSHIP WITH SHOPIFY
Our online store is powered by Shopify, which enables us to provide our Services.
However, all purchases made through this website are made directly with Lovely All Day and not with Shopify.
By using our Services, you acknowledge and agree that Shopify is not responsible for any aspect of your transactions with Lovely All Day, including any injury, damage, loss, or claims arising from products or services purchased through our store.
To the fullest extent permitted by law, you release Shopify and its affiliates from any claims, damages, or liabilities arising from purchases made through Lovely All Day.
SECTION 10 – PRIVACY POLICY
Your use of our Services is also governed by our Privacy Policy.
Because our website is hosted by Shopify, certain personal information may also be collected and processed by Shopify in order to provide secure checkout, payment processing, fraud prevention, customer accounts, and other ecommerce services.
For more information about how we collect and use your personal information, please review our Privacy Policy. To learn more about Shopify's privacy practices, please visit Shopify's Privacy Policy.
SECTION 11 – FEEDBACK
If you submit reviews, comments, suggestions, ideas, or other feedback to us, you grant Lovely All Day a worldwide, perpetual, royalty-free, transferable, and sublicensable license to use, reproduce, modify, publish, distribute, and display that feedback for any purpose, including improving and promoting our products and Services.
You represent and warrant that any feedback you provide is your own, does not infringe on the rights of any third party, and does not contain unlawful, abusive, defamatory, or otherwise objectionable content.
We are under no obligation to keep any feedback confidential, compensate you for it, or respond to it.
We reserve the right, but are not obligated, to remove any feedback that we determine violates these Terms or applicable law.
SECTION 12 – ERRORS, INACCURACIES, AND OMISSIONS
Occasionally, information on our website may contain typographical errors, inaccuracies, or omissions relating to product descriptions, pricing, promotions, shipping charges, transit times, or availability.
We reserve the right to correct any errors, inaccuracies, or omissions, and to update information or cancel orders if any information is inaccurate at any time without prior notice, including after an order has been placed.
SECTION 13 – PROHIBITED USES
You may use our Services only for lawful purposes.
You agree not to use our Services:
- For any unlawful purpose.
- To violate any applicable laws or regulations.
- To infringe upon our intellectual property rights or the rights of others.
- To harass, abuse, threaten, defame, or discriminate against others.
- To transmit false or misleading information.
- To distribute spam, malware, viruses, or other malicious code.
- To impersonate another person or entity.
- To interfere with the security or proper operation of our website.
- To scrape, copy, harvest, or collect data from our website without our permission.
- To use automated tools, bots, spiders, AI agents, or similar technologies to access or interact with our Services in a manner that violates these Terms or places an unreasonable burden on our systems.
We reserve the right to suspend or terminate access to our Services if we determine that these Terms have been violated.
SECTION 14 – AGENTS
If you use an automated agent, bot, AI system, or similar technology to access or interact with our Services, you agree that such use must comply with all applicable laws and these Terms of Service.
We reserve the right to limit, restrict, or prohibit automated access to our website and Services at any time.
Automated systems must accurately identify themselves and may not disguise themselves as human users, bypass security measures, circumvent CAPTCHAs, or otherwise interfere with the normal operation of our website.
SECTION 15 – TERMINATION
We reserve the right to suspend or terminate your access to our Services at any time, without notice, if we believe you have violated these Terms of Service or applicable law.
Termination of your access does not affect any obligations or liabilities incurred before the date of termination.
The provisions of these Terms that, by their nature, should survive termination—including those relating to intellectual property, feedback, disclaimers, limitations of liability, indemnification, governing law, and privacy—will remain in effect after termination.
SECTION 16 – DISCLAIMER OF WARRANTIES
The information provided through our Services is for general informational purposes only. While we strive to keep all information accurate and up to date, we do not guarantee the accuracy, completeness, or reliability of any information on our website.
Except as expressly stated by Lovely All Day, our Services and all products offered through our website are provided "as is" and "as available," without warranties of any kind, either express or implied, including any implied warranties of merchantability, fitness for a particular purpose, durability, title, or non-infringement.
We do not guarantee that our website will be uninterrupted, secure, or error-free.
Some jurisdictions do not allow certain warranty disclaimers, so portions of this section may not apply to you.
SECTION 17 – LIMITATION OF LIABILITY
To the fullest extent permitted by applicable law, Lovely All Day, its owners, employees, affiliates, partners, service providers, and licensors shall not be liable for any indirect, incidental, consequential, special, exemplary, or punitive damages arising from your use of our Services or any products purchased through our website.
This includes, without limitation, damages for lost profits, lost revenue, loss of data, business interruption, or replacement costs, even if we have been advised of the possibility of such damages.
Our total liability for any claim relating to the Services or products purchased through the Services shall not exceed the amount you paid for the applicable product or order, where permitted by law.
SECTION 18 – INDEMNIFICATION
You agree to defend, indemnify, and hold harmless Lovely All Day, Shopify, and our affiliates, employees, contractors, licensors, and service providers from and against any claims, damages, liabilities, losses, costs, or expenses, including reasonable attorneys' fees, arising from:
- Your violation of these Terms of Service.
- Your violation of any applicable law or the rights of another person.
- Your misuse of our Services.
We reserve the right to assume the exclusive defense of any matter subject to indemnification, and you agree to cooperate with us in the defense of such claims.
SECTION 19 – SEVERABILITY
If any provision of these Terms of Service is found to be unlawful, invalid, or unenforceable, that provision will be enforced to the fullest extent permitted by law, and the remaining provisions will remain in full force and effect.
SECTION 20 – WAIVER; ENTIRE AGREEMENT
Our failure to enforce any provision of these Terms of Service does not constitute a waiver of that provision or any other right.
These Terms of Service, together with our Privacy Policy, Return Policy, Shipping Policy, Subscription Policy, and any other policies posted on our website, constitute the entire agreement between you and Lovely All Day regarding your use of our Services and supersede any prior agreements or communications relating to the Services.
Any ambiguity in these Terms will not be interpreted against either party solely because one party drafted them.
SECTION 21 – ASSIGNMENT
You may not assign, transfer, or delegate any of your rights or obligations under these Terms without our prior written consent.
Lovely All Day may assign or transfer these Terms or any of our rights or obligations without notice or your consent.
SECTION 22 – GOVERNING LAW
These Terms of Service and any separate agreements through which we provide our Services shall be governed by and interpreted in accordance with the laws of the State of Oregon and the applicable laws of the United States.
Any legal action arising out of or relating to these Terms or your use of our Services shall be brought in the state or federal courts located in Oregon, and you consent to the jurisdiction of those courts.
SECTION 23 – HEADINGS
The section headings used in these Terms are provided for convenience only and do not affect the interpretation of these Terms.
SECTION 24 – CHANGES TO THESE TERMS
We reserve the right to update, modify, or replace any part of these Terms of Service at any time.
Any changes will be posted on this page with an updated effective date. Your continued use of our Services after any changes become effective constitutes your acceptance of the revised Terms.
SECTION 25 – CONTACT INFORMATION
If you have any questions about these Terms of Service, please contact us:
Lovely All Day
111 Main Street
Springfield, OR 97477
United States
Email: info@lovelyallday.com