Terms of service

TERMS OF SERVICE

OVERVIEW These Terms of Service ("Terms") govern your use of the Emily Says Hello website and store. By shopping with us, you agree to these Terms and our Privacy Policy [LINK]. If you don't agree, please don't use our site.

SECTION 1 – YOUR ACCOUNT You must be of legal age in your region to use our store. Any information you provide (email, billing, shipping) must be accurate and up to date. You're responsible for keeping your account credentials secure and for all activity on your account. Accounts are non-transferable.

SECTION 2 – OUR PRODUCTS We do our best to accurately represent our products, but colors and appearance may vary depending on your screen and device settings. Product descriptions and availability are subject to change at any time, and we reserve the right to limit quantities or discontinue items.

SECTION 3 – ORDERS Placing an order is an offer to purchase — it's not confirmed until we accept it and process your payment. Please review your order carefully before submitting, as we may not be able to cancel it once accepted. If we decline or change your order, we'll notify you via the contact info you provided. All purchases are subject to our Refund Policy [LINK] and are intended for personal use only, not commercial resale.

SECTION 4 – PRICES & BILLING Prices are subject to change without notice. The price at the time you place your order is what you'll be charged, as shown in your confirmation email. Prices don't include taxes, shipping, or import fees unless stated otherwise. Promotional pricing is governed by the terms of that promotion. You agree to provide accurate, up-to-date payment information and are responsible for all charges incurred, including applicable taxes and shipping.

SECTION 5 – SHIPPING & DELIVERY All delivery times are estimates and not guaranteed. We're not responsible for carrier delays, customs processing, or other events outside our control. Once your order is handed off to the carrier, risk of loss transfers to you.

SECTION 6 – INTELLECTUAL PROPERTY All content on our site — including text, images, graphics, video, audio, and design — is owned by Emily Says Hello or its licensors and protected by applicable intellectual property laws. You may use our site for personal, non-commercial purposes only. You may not reproduce, distribute, or modify any content without our prior written consent. Our name, logo, and branding are trademarks of Emily Says Hello and may not be used without permission.

SECTION 7 – THIRD-PARTY TOOLS We may provide access to optional third-party tools through our site. These are offered "as is" without any warranties or endorsement from us. Use of these tools is entirely at your own risk — please review the relevant third party's terms before using them. New features or tools added to the site in the future are also subject to these Terms.

SECTION 8 – THIRD-PARTY LINKS Our site may contain links to third-party websites. We're not responsible for their content, accuracy, or practices. If you leave our site to visit a third-party site, you do so at your own risk. Direct any concerns about third-party products or services to that third party.

SECTION 9 – RELATIONSHIP WITH SHOPIFY Emily Says Hello is powered by Shopify, but all sales are made directly with us. Shopify is not responsible for any aspect of your purchases, including any injury, damage, or loss from products or services. By using our store, you release Shopify and its affiliates from any claims related to your transactions with Emily Says Hello.

SECTION 10 – PRIVACY Your personal information is handled in accordance with our Privacy Policy [LINK]. Because our store is hosted by Shopify, Shopify also collects and processes certain data about your use of the site — see Shopify's Privacy Policy for details. By using our store, you acknowledge you've read these policies.

SECTION 11 – FEEDBACK Any feedback, reviews, or suggestions you submit grant us a perpetual, royalty-free license to use, modify, and distribute that content for any purpose, including improving and promoting our services. You confirm you own the rights to any feedback you submit, and that it doesn't violate any third-party rights or these Terms. We're not obligated to keep feedback confidential, compensate you for it, or respond to it. You're solely responsible for what you submit.

SECTION 12 – ERRORS & INACCURACIES We do our best to keep product information, pricing, and availability accurate, but errors may occasionally occur. We reserve the right to correct mistakes and update or cancel orders affected by inaccurate information at any time without prior notice.

SECTION 13 – PROHIBITED USES You may only use our site for lawful purposes. You may not use it to violate any laws, infringe intellectual property rights, harass or harm others, transmit false or misleading information, send spam, or impersonate anyone. You also may not upload malicious code, scrape or exploit any part of the site, collect others' personal data, or attempt to bypass our security measures. We reserve the right to suspend or terminate your account at any time if you violate these Terms.

SECTION 14 – AUTOMATED AGENTS If you use any automated software or AI agent ("Agent") to access our site, it must always identify itself as an Agent in its request headers and may not mimic human behavior, bypass CAPTCHAs, or conceal that it's automated. We may limit or block Agent access at any time. If we request that an Agent stop accessing our site, it must comply.

SECTION 15 – TERMINATION We may terminate your access to our site at any time, for any reason, without notice. You remain responsible for any amounts owed up to the date of termination. Sections covering intellectual property, feedback, warranties, liability, indemnification, and governing law survive termination.

SECTION 16 – DISCLAIMER OF WARRANTIES Our site and products are provided "as is" and "as available" without warranties of any kind — express or implied — including warranties of merchantability, fitness for a particular purpose, or uninterrupted service. We don't guarantee the accuracy or completeness of any information on our site. Some jurisdictions may limit these disclaimers, in which case they apply to the extent permitted by law.

SECTION 17 – LIMITATION OF LIABILITY To the fullest extent permitted by law, Emily Says Hello, Shopify, and our respective affiliates, officers, employees, and agents are not liable for any indirect, incidental, punitive, or consequential damages — including lost profits, lost data, or replacement costs — arising from your use of our site or products, even if we were advised of the possibility of such damages.

SECTION 18 – INDEMNIFICATION You agree to indemnify and hold harmless Emily Says Hello, Shopify, and our affiliates from any claims, losses, or legal fees arising from your breach of these Terms, violation of any law, or use of our site. We'll notify you of any such claim and may manage its defense, but won't settle anything requiring action from you without your consent.

SECTION 19 – SEVERABILITY If any part of these Terms is found to be unenforceable, the remaining provisions stay in full effect.

SECTION 20 – ENTIRE AGREEMENT These Terms, along with any policies posted on our site, constitute the entire agreement between you and Emily Says Hello. Our failure to enforce any provision doesn't waive our right to enforce it later.

SECTION 21 – ASSIGNMENT You may not transfer your rights under these Terms without our written consent. We may transfer ours without notice.

SECTION 22 – GOVERNING LAW These Terms are governed by the laws of the jurisdiction where Emily Says Hello is headquartered. Both parties consent to the jurisdiction of those courts.

SECTION 23 – HEADINGS Section headings are for convenience only and don't affect the interpretation of these Terms.

SECTION 24 – CHANGES TO THESE TERMS We may update these Terms at any time. Material changes will be communicated as required by law. Your continued use of our site after changes are posted constitutes acceptance of the updated Terms. The current version is always available on this page.

SECTION 25 – CONTACT Questions about these Terms? Reach us at: hello@emilysayshello.com