Terms of service
OVERVIEW
Welcome to UMHaven! The terms "we," "us," and "our" refer to UMHaven. UMHaven operates this shop and website, including all related information, content, features, tools, products, and services, to provide you, the customer, with a personalized shopping experience (the "Services"). UMHaven is powered by Shopify, enabling us to offer these Services to you.
These Terms of Service, along with all policies referenced herein (these "Terms of Use" or "Terms"), outline your rights and obligations when using the Services.
Please read these Terms carefully, as they contain important information about your legal rights, including disclaimers of warranties and limitations of liability.
By visiting, interacting with, or using our Services, you agree to these Terms of Use and our Privacy Policy [LINK]. If you do not agree to these Terms or our Privacy Policy, you should not use or access our Services.
SECTION 1 – ACCESS AND ACCOUNT
By agreeing to these Terms, you confirm that you are of legal age in your state or province, and you grant us permission for your minor dependents to use the Services on devices you own, purchase, or manage.
To use the Services—including accessing our online shops or purchasing our products or services—you may be required to provide certain information, such as your email address, as well as billing, payment, and shipping details. You warrant that all information you provide in our shops is accurate, current, and complete, and that you have all necessary rights to provide such information.
You are solely responsible for the security of your account login credentials and all activities conducted under your account. You may not transfer, sell, assign, or license your account to any third party.
SECTION 2 – OUR PRODUCTS
We have made every effort to accurately display our products and services in our online shops. However, please note that product colors or appearance may vary from their on-screen display depending on the device type used to access the shop, as well as your device settings and configurations.
We do not warrant that the appearance or quality of the products or services you purchase will meet your expectations or match the images or descriptions in our online shops.
All product descriptions may be modified at any time, without prior notice, at our sole discretion. We reserve the right to discontinue products at any time and to limit the quantity of products offered to individuals, regions, or jurisdictions on a case-by-case basis.
SECTION 3 – ORDERS
When you place an order, you submit an offer to purchase. UMHaven reserves the right to accept or reject your order for any reason at our sole discretion. Your order is only considered accepted once UMHaven sends a confirmation of acceptance. We must receive and process your payment before your order is accepted. Please review your order carefully before submitting it, as UMHaven may not honor cancellation requests after an order has been accepted. If we do not accept, modify, or cancel an order, we will attempt to notify you via email, using the billing address and/or phone number you provided when placing the order.
Your purchases may only be returned or exchanged in accordance with our Refund Policy [LINK].
You warrant that your purchases are for personal or household use and not for commercial resale or export.
SECTION 4 – PRICING AND BILLING
Prices, discounts, and promotions may change without prior notice. The price charged for a product or service is the price in effect at the time of ordering and will be listed in your order confirmation email. Unless explicitly stated otherwise, listed prices do not include taxes, shipping, processing, customs, or import fees.
Prices in our online shops may differ from prices in physical stores, other online shops, or third-party retailers. We may occasionally offer promotions for the Services that affect pricing and are subject to separate terms. In the event of a conflict between promotion terms and these Terms, the promotion terms will prevail.
You agree to provide current, complete, and accurate purchase, payment, and account information for all purchases in our shops. You agree to promptly update your account and other information, including your email address, credit card numbers, and expiration dates, to allow us to complete your transactions and contact you as needed.
You warrant that: (i) the credit card information you provide is truthful, correct, and complete; (ii) you are authorized to use the credit card for the purchase; (iii) your credit card issuer will honor the charges incurred; and (iv) you will pay all charges incurred at the stated prices, including shipping, processing fees, and any applicable taxes.
SECTION 5 – SHIPPING AND DELIVERY
We are not liable for shipping or delivery delays. All delivery times are estimates and cannot be guaranteed. We are not liable for delays caused by carriers, customs processing, or events beyond our control. Once we hand products over to the carrier, ownership and risk of loss transfer to you.
SECTION 6 – INTELLECTUAL PROPERTY
Our Services—including but not limited to all trademarks, trade names, text, ads, images, graphics, product reviews, videos, audio files, and their design, selection, and arrangement—are the property of UMHaven, its affiliates, or licensors and are protected by U.S. and foreign patent, copyright, and other intellectual property laws.
These Terms permit you to use the Services solely for personal, non-commercial purposes. You may not reproduce, distribute, modify, create derivative works from, publicly display, publicly perform, republish, download, store, or transmit the content of the Services without our prior written consent. Unless explicitly stated herein, nothing in these Terms grants you a license or other rights to patents, trademarks, copyrights, or other intellectual property of UMHaven, Shopify, or third parties, and no such rights should be inferred. Unauthorized use of the Services may violate federal, state, or foreign intellectual property laws. All rights not explicitly granted herein are reserved by UMHaven.
The names, logos, product and service names, designs, and slogans of UMHaven are trademarks of UMHaven, its affiliates, or licensors. You may not use these trademarks without UMHaven’s prior written permission. The name, logo, product and service names, designs, and slogans of Shopify are trademarks of Shopify. All other names, logos, product and service names, designs, and slogans in the Services are trademarks of their respective owners.
SECTION 7 – OPTIONAL TOOLS
You may have access to third-party customer tools as part of the Services. We do not monitor these tools and have no influence or control over them.
You acknowledge and agree that we provide access to these tools "as is" and "as available" without any warranties, representations, or conditions of any kind, and without any endorsement. We assume no liability for your use of optional third-party tools.
Use of optional tools on the website is at your sole risk and discretion. You should ensure you are familiar with and agree to the terms of service of the respective third parties providing the tools.
We may also offer new features through the Services in the future (including the release of new tools and resources). These new features will also be considered part of the Services and subject to these Terms of Use.
SECTION 8 – THIRD-PARTY LINKS
The Services may contain materials and hyperlinks to websites owned or operated by third parties (including embedded third-party features). We are not responsible for reviewing or evaluating the content or accuracy of third-party materials or websites you access. If you leave the Services to access these third-party materials or websites, you do so at your own risk.
We are not liable for damages arising from your access to third-party websites or your purchase or use of products, services, resources, or content on third-party websites. Please carefully review third parties’ policies and practices and ensure you understand them before conducting transactions. Direct any complaints, claims, concerns, or questions about third-party products or services to the third party directly.
SECTION 9 – RELATIONSHIP WITH SHOPIFY
[NOTE TO MERCHANT: This section accurately describes the relationship between Shopify and your shop and should not be removed or modified.]
UMHaven is powered by Shopify, enabling us to provide the Services to you. However, all sales and purchases you make in our shop are conducted directly with UMHaven. By using the Services, you acknowledge and agree that Shopify is not responsible for any aspects of sales between you and UMHaven, including any injuries, damages, or losses arising from purchased products or services. You hereby explicitly release Shopify and its affiliates from all claims, damages, and liabilities arising out of or related to your purchases and transactions with UMHaven.
UMHaven is powered by Shopify, enabling us to provide the Services to you. However, all sales and purchases you make in our shop are conducted directly with UMHaven. By using the Services, you acknowledge and agree that Shopify is not responsible for any aspects of sales between you and UMHaven, including any injuries, damages, or losses arising from purchased products or services. You hereby explicitly release Shopify and its affiliates from all claims, damages, and liabilities arising out of or related to your purchases and transactions with UMHaven.
SECTION 10 – PRIVACY POLICY
All personal data we collect through the Services is subject to our Privacy Policy, which you can view here [LINK]. Certain personal data may also be subject to Shopify’s Privacy Policy, which you can view here. By using the Services, you confirm that you have read these privacy policies.
Since the Services are hosted by Shopify, Shopify collects and processes personal data about your access to and use of the Services to provide and improve the Services for you. Information you submit to the Services will be transmitted and disclosed to Shopify and to third parties who may be located in countries other than your country of residence to provide the Services to you. For more information about how we, Shopify, and our partners use your personal data, see our Privacy Policy [LINK].
SECTION 11 – FEEDBACK
If you submit, upload, post, email, or otherwise transmit ideas, suggestions, feedback, reviews, proposals, plans, or other content (collectively, "Feedback"), you grant us an unrestricted, worldwide, sublicensable, and royalty-free license to use, reproduce, modify, publish, distribute, and display this Feedback in any medium for any purpose, including commercial use. We may exercise these license rights, for example, to operate, provide, evaluate, expand, improve, and promote the Services, and to fulfill our obligations and rights under these Terms.
You further warrant and represent that: (i) you own all Feedback or have all necessary rights to it; (ii) you have disclosed all compensation or incentives received in connection with submitting the Feedback; and (iii) your Feedback complies with these Terms. We are not obligated to: (1) treat your Feedback as confidential; (2) pay compensation for your Feedback; or (3) respond to your Feedback.
We may, but are not obligated to, monitor, edit, or remove Feedback that we, in our sole discretion, deem illegal, offensive, threatening, libelous, defamatory, pornographic, obscene, or otherwise objectionable, or that infringes a party’s intellectual property or these Terms.
You agree that your Feedback will not infringe third-party rights, including copyrights, trademarks, privacy rights, publicity rights, or other personal or proprietary rights. You further agree that your Feedback will not contain libelous, otherwise illegal, offensive, or obscene content, or computer viruses or other malware that could harm the operation of the Services or related websites in any way. You may not use a false email address, impersonate another person or entity, or otherwise mislead us or third parties about the origin of Feedback. You are solely responsible for your Feedback and its accuracy. We assume no responsibility or liability for Feedback posted by you or third parties.
SECTION 12 – ERRORS, INACCURACIES, AND OMISSIONS
Occasionally, information on or in the Services may contain typographical errors, inaccuracies, or omissions related to product descriptions, prices, promotions, offers, product shipping costs, delivery times, and availability. We reserve the right to correct errors, inaccuracies, or omissions at any time without prior notice (even after you submit your order), to modify or update information, or to cancel orders if information is inaccurate.
SECTION 13 – PROHIBITED USES
You may access and use the Services only for lawful purposes. You may not use the Services, directly or indirectly: (a) for unlawful or malicious purposes; (b) to violate international, federal, provincial, state, or local regulations, rules, laws, or ordinances; (c) to infringe on our intellectual property rights or the intellectual property rights of others; (d) to harass, abuse, defame, slander, disparage, intimidate, or harm our employees or other individuals; (e) to transmit false or misleading information; (f) to send, knowingly receive, upload, download, use, or reuse material that does not comply with these Terms; (g) to transmit or facilitate the transmission of advertising or promotional material, including "junk mail," "chain letters," "spam," or similar solicitations; (h) to impersonate or attempt to impersonate another person or organization; or (i) to otherwise act in a manner that restricts or inhibits others’ use or enjoyment of the Services, or that we determine could harm UMHaven, Shopify, or users of the Services or expose them to liability.
Additionally, you agree not to: (a) upload or transmit viruses or other harmful code that could impair or damage the functionality or operation of the Services; (b) reproduce, duplicate, copy, sell, resell, or exploit any portion of the Services; (c) collect or track personal data of others; (d) engage in spamming, phishing, pharming, pretexting, spidering, crawling, or scraping activities; or (e) impair or circumvent the security features of the Services, related websites, other websites, or the Internet. We reserve the right to suspend, disable, or terminate your account at any time without prior notice if we determine you have violated any part of these Terms.
SECTION 14 – TERMINATION
We may terminate this Agreement or your access to the Services (or parts thereof) at any time, without prior notice, at our sole discretion. You remain liable for all amounts due up to and including the date of termination.
The following sections will 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
Information provided in or through the Services is for general informational purposes only. We make no warranty as to the accuracy, completeness, or usefulness of this information. Your reliance on this information is solely at your own risk. We disclaim all liability and responsibility arising from your reliance on such materials, whether by you, other visitors to the Services, or individuals informed of their content.
Unless explicitly stated by UMHaven, the Services and all products offered through them are provided "as is" and "as available" for your use, without any representations, warranties, or conditions of any kind, express or implied, including all implied warranties or conditions of merchantability, fitness for a particular purpose, durability, title, and non-infringement. We do not warrant, represent, or guarantee that your use of the Services will be uninterrupted, timely, secure, or error-free. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE EXCLUSION OF IMPLIED OR OTHER WARRANTIES, SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.
SECTION 16 – LIMITATION OF LIABILITY
To the fullest extent permitted by applicable law, UMHaven, our partners, directors, officers, employees, affiliates, representatives, contractors, service providers, or licensors, as well as those of Shopify and its affiliates, shall not be liable for any injuries, losses, claims, or direct, indirect, incidental, punitive, special, or consequential damages of any kind, including but not limited to lost profits, revenues, savings, data loss, recovery costs, or similar damages, whether based on breach of contract, tort (including negligence), strict liability, or other grounds. THIS INCLUDES LIABILITY OR DAMAGES ARISING FROM YOUR USE OF THE SERVICES, PRODUCTS OBTAINED THROUGH THE SERVICES, OR OTHER CLAIMS RELATED IN ANY WAY TO YOUR USE OF THE SERVICES OR A PRODUCT, INCLUDING BUT NOT LIMITED TO ERRORS OR OMISSIONS IN CONTENT, OR LOSSES OR DAMAGES OF ANY KIND ARISING FROM THE USE OF CONTENT (OR PRODUCTS) POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
SECTION 17 – INDEMNIFICATION
You agree to indemnify and hold harmless UMHaven, Shopify, and our affiliates, partners, officers, directors, employees, representatives, contractors, licensors, and service providers from any losses, damages, liabilities, or claims, including reasonable attorney’s fees, asserted by third parties arising from: (1) your breach of these Terms or any documents incorporated by reference; (2) your violation of laws or third-party rights; or (3) your access to and use of the Services.
We will notify you of any indemnification claims. Failure to notify you promptly does not relieve you of your obligations, unless you suffer significant harm as a result. We may assume the defense and settlement of such claims at your expense, including the choice of counsel. However, we will not settle any claims that require non-monetary obligations from you without your consent (which shall not be unreasonably withheld). You will cooperate in defending against indemnification claims, including by providing relevant documents.
SECTION 18 – SEVERABILITY
If any provision of these Terms is deemed unlawful, invalid, or unenforceable, such provision shall still be enforceable to the fullest extent permitted by applicable law. The unenforceable portion shall be deemed severed from these Terms. The validity and enforceability of the remaining provisions shall not be affected.
SECTION 19 – WAIVER; ENTIRE AGREEMENT
Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.
These Terms, along with all policies or operating rules we publish on this website or in connection with the Services, constitute the entire agreement and understanding between you and us and govern your use of the Services. They supersede all prior or contemporaneous agreements, communications, and proposals, whether oral or written, between you and us (including but not limited to prior versions of these Terms).
Ambiguities in interpreting these Terms shall not be construed against the drafting party.
SECTION 20 – ASSIGNMENT
You may not transfer or assign this Agreement or your rights and obligations under these Terms without our prior written consent. Any such attempt shall be void. We may transfer, assign, or delegate these Terms and our rights and obligations without your consent or notice.
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SECTION 22 – HEADINGS
The headings used in this Agreement are for convenience only and do not restrict or otherwise affect these Terms.
SECTION 23 – CHANGES TO THESE TERMS
You can review the most current version of these Terms at any time on this page.
We reserve the right to update, modify, or replace any part of these Terms at our sole discretion by posting updates and changes to our website. It is your responsibility to check our website regularly for changes. We will notify you of material changes to these Terms as required by applicable law. Changes will take effect on the date specified in the notice. Your continued use of or access to the Services after changes to these Terms are posted constitutes acceptance of those changes.
SECTION 24 – CONTACT INFORMATION
For questions about these Terms, please contact jason@umhaven.com.
Our contact details are as follows:
contact@umhaven.com
contact@umhaven.com