Terms of service

Terms of Service

OVERVIEW

Welcome to Savannah Joy! The terms "we," "us," and "our" refer to Savannah Joy.

Savannah Joy 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"). Savannah Joy is powered by Shopify, which enables us to provide the Services to you.

These Terms of Service, together with any policies referenced herein, 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, 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 our 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 that 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 products or services we offer, you may be asked to provide certain information, such as your email address, billing information, payment information, and shipping information.

You represent and warrant that all information you provide is accurate, current, and complete and that you have all rights necessary to provide such information.

You are solely responsible for maintaining the security of your account credentials and for all activity associated with your account. You may not transfer, sell, assign, or license your account to another person.

SECTION 2 - OUR PRODUCTS

We make reasonable efforts to provide accurate representations of our products and services in our online store.

However, colors, images, and product appearance may differ from how they appear on your screen depending on the device you use and your device settings.

We do not warrant that the appearance or quality of products or services purchased by you will meet your expectations or be exactly the same as depicted or rendered in our online store.

Product descriptions, specifications, availability, and other information may be changed at any time without notice at our discretion.

We reserve the right to discontinue any product at any time and may limit quantities offered to any person, geographic region, or jurisdiction on a case-by-case basis.

SECTION 3 - ORDERS

When you place an order, you are making an offer to purchase the selected products.

Savannah Joy reserves the right to accept or decline your order for any reason at its discretion. Your order is not accepted until Savannah Joy confirms acceptance.

We must receive and process your payment before your order is accepted.

Please review your order carefully before submitting it, as we may be unable to accommodate cancellation requests after an order has been accepted.

If we do not accept, change, or cancel an order, we will attempt to notify you using the email address, billing address, and/or phone number provided when the order was placed.

Purchases are subject to return or exchange solely in accordance with our Return & Refund Policy.

You represent and warrant that purchases made through our store are for your own personal or household use and are not intended for commercial resale or export.

SECTION 4 - PRICES AND BILLING

Prices, discounts, promotions, and offers are subject to change without notice.

The price charged for a product or service will generally be the price in effect when the order is placed and will be shown in your order confirmation.

Unless expressly stated otherwise, posted prices may not include applicable taxes, shipping, handling, customs, or import charges.

Prices offered through our online store may differ from prices offered by third-party retailers or other stores.

We may offer promotions that are subject to separate terms and conditions. If there is a conflict between the promotional terms and these Terms of Service, the promotional terms will control.

You agree to provide current, complete, and accurate purchase, payment, and account information for all purchases.

You agree to promptly update your account information, including your email address, payment card information, and expiration dates, so that we can complete transactions and contact you when necessary.

You represent and warrant that:

The payment information you provide is true, correct, and complete.
You are authorized to use the payment method provided.
Charges incurred by you will be honored by your payment provider.
You will pay all applicable charges at the posted prices, including applicable shipping, handling, and taxes.

SECTION 5 - SHIPPING AND DELIVERY

Delivery times are estimates only and are not guaranteed.

Savannah Joy is not responsible for shipping or delivery delays caused by shipping carriers, customs processing, weather, natural disasters, or other circumstances beyond our reasonable control.

Once products are transferred to the shipping carrier, title and risk of loss may pass to you to the extent permitted by applicable law.

SECTION 6 - INTELLECTUAL PROPERTY

Our Services, including trademarks, brand names, text, displays, images, graphics, product reviews, videos, audio, designs, selection, and arrangement of content, are owned by Savannah Joy, its affiliates, or its licensors and are protected by applicable intellectual property laws.

These Terms permit you to use the Services for personal, non-commercial purposes only.

You may not reproduce, distribute, modify, create derivative works from, publicly display, publicly perform, republish, download, store, or transmit materials from our Services without our prior written permission, except as permitted by applicable law.

Nothing in these Terms grants you a license or other rights under any patent, trademark, copyright, or other intellectual property belonging to Savannah Joy, Shopify, or any third party, except as expressly provided.

Unauthorized use of our Services or intellectual property may violate applicable federal, state, or other laws.

All rights not expressly granted are reserved by Savannah Joy.

Savannah Joy's names, logos, product names, service names, designs, and slogans may constitute trademarks of Savannah Joy or its affiliates or licensors.

You may not use such trademarks without prior written permission.

Shopify's name, logo, product names, service names, designs, and slogans are trademarks of Shopify. Other names, logos, product names, service names, designs, and slogans appearing on the Services belong to their respective owners.

SECTION 7 - OPTIONAL TOOLS

You may be provided access to third-party tools as part of the Services.

We do not necessarily monitor, control, or have input into these third-party tools.

Such tools are provided on an "as is" and "as available" basis without warranties, representations, or conditions of any kind, unless otherwise required by applicable law.

We are not responsible for any liability arising from or relating to your use of optional third-party tools.

Your use of optional tools is entirely at your own risk and discretion.

You should review and understand the terms provided by the applicable third-party provider before using such tools.

We may introduce new features, tools, and resources through the Services in the future. Any new features will also be subject to these Terms of Service.

SECTION 8 - THIRD-PARTY LINKS

Our Services may contain materials and links to websites, applications, or services operated by third parties.

We are not responsible for examining or evaluating the content, accuracy, availability, or practices of third-party websites or materials.

If you choose to leave our Services and access a third-party website, you do so at your own risk.

We are not responsible for damages or losses related to your access to third-party websites or your purchase or use of products, services, resources, or content offered by third parties.

Please review the third party's policies and terms before entering into any transaction.

Questions, complaints, or claims concerning third-party products or services should be directed to the applicable third party.

SECTION 9 - RELATIONSHIP WITH SHOPIFY

Savannah Joy is powered by Shopify, which enables us to provide the Services to you.

However, sales and purchases made through our store are transactions directly between you and Savannah Joy.

By using the Services, you acknowledge that Shopify is not responsible for the sales transactions between you and Savannah Joy, including any injury, damage, loss, or other issue arising from purchased products or services, to the extent permitted by applicable law.

SECTION 10 - PRIVACY POLICY

Personal information collected through the Services is subject to our Privacy Policy.

Certain personal information may also be subject to Shopify's Privacy Policy.

By using the Services, you acknowledge that you have reviewed these privacy policies.

Because our Services are hosted by Shopify, Shopify may collect and process information about your access to and use of our store to provide and improve its services.

Information submitted through our Services may be transmitted to and shared with Shopify and third-party service providers, including providers that may be located outside the country where you reside.

Please review our Privacy Policy for additional information about how Savannah Joy, Shopify, and our service providers handle personal information.

SECTION 11 - FEEDBACK

If you submit, upload, post, email, or otherwise transmit ideas, suggestions, feedback, reviews, proposals, plans, or other content ("Feedback"), you grant Savannah Joy a perpetual, worldwide, sublicensable, royalty-free license to use, reproduce, modify, publish, distribute, and display that Feedback in any medium for any lawful purpose, including commercial purposes.

We may use this license to operate, provide, evaluate, improve, enhance, and promote the Services and to perform our obligations under these Terms.

You represent and warrant that:

You own or have the necessary rights to the Feedback you submit.
You have disclosed any compensation or incentives received in connection with your Feedback.
Your Feedback complies with these Terms of Service.

We are not obligated to keep your Feedback confidential, compensate you for your Feedback, or respond to your Feedback.

We may monitor, edit, or remove Feedback that we determine, in our discretion, to be unlawful, offensive, threatening, defamatory, obscene, infringing, or otherwise objectionable or that violates these Terms.

You agree that your Feedback will not violate the rights of any third party, including copyright, trademark, privacy, publicity, or other proprietary rights.

You also agree not to submit unlawful, abusive, obscene, misleading, or malicious content or any computer virus or malware.

You may not use a false email address, impersonate another person, or mislead us or third parties regarding the origin of your Feedback.

You are solely responsible for your Feedback and its accuracy.

SECTION 12 - ERRORS, INACCURACIES, AND OMISSIONS

Occasionally, information on or within the Services may contain typographical errors, inaccuracies, or omissions relating to product descriptions, pricing, promotions, offers, shipping charges, transit times, availability, or other information.

We reserve the right to correct errors, inaccuracies, or omissions and to update information or cancel orders if information is inaccurate, including after an order has been submitted, to the extent permitted by applicable law.

SECTION 13 - PROHIBITED USES

You may use the Services only for lawful purposes.

You may not use the Services, directly or indirectly:

For any unlawful or malicious purpose
To violate applicable federal, state, local, or international laws or regulations
To infringe or violate our intellectual property rights or the rights of others
To harass, abuse, insult, harm, defame, intimidate, or threaten any person
To transmit false or misleading information
To upload, download, transmit, or reuse material that violates these Terms
To send spam, chain letters, junk mail, or other unsolicited communications
To impersonate another person or entity
To interfere with another person's use or enjoyment of the Services
To engage in conduct that may harm Savannah Joy, Shopify, our users, or third parties

You also agree not to:

Upload or transmit viruses or malicious code
Reproduce, duplicate, copy, extract, sell, resell, or exploit portions of the Services without authorization
Collect or track personal information belonging to others
Spam, phish, pharm, or pretext the Services
Use automated systems, scraping tools, bots, spiders, data-gathering tools, or other automated or manual processes to access or extract information from the Services where prohibited
Interfere with, bypass, or circumvent security or authorization features or measures designed to restrict access to the Services

We reserve the right to suspend, disable, or terminate accounts if we determine that these Terms have been violated.

SECTION 14 - AGENTS

14.1

This section applies if you use, allow, enable, or cause the deployment of an Agent to access, use, or interact with any Services.

"Agent" means software or a service that takes autonomous or semi-autonomous action on behalf of, or at the instruction of, a person or entity and can operate using a person's device without direct supervision.

14.2

No Agent may access, use, or interact with our Services unless it identifies itself and complies with the requirements of this section.

An Agent may not access, use, or interact with our Services if we have requested that the Agent refrain from doing so.

14.3

We may limit, including through technical measures, whether and how an Agent accesses, uses, or interacts with our Services.

14.4

Agents must:

Identify themselves in HTTP/HTTPS requests as an Agent and disclose the Agent's name through the applicable user agent string.
Not conceal or obfuscate that access or interaction is being performed by an Agent.
Not mimic human behavior or circumvent CAPTCHAs or other measures designed to distinguish human users from automated systems.
Respond truthfully to questions designed to determine whether interactions are coming from a human or computer.
Not circumvent measures designed to block, limit, modify, or control Agent access to the Services.

SECTION 15 - TERMINATION

We may terminate this agreement or your access to the Services, or any part of the Services, at our discretion where permitted by applicable law.

You remain responsible for amounts due up to and including the date of termination.

The following sections will survive termination where applicable:

Intellectual Property
Feedback
Termination
Disclaimer of Warranties
Limitation of Liability
Indemnification
Severability
Waiver and Entire Agreement
Assignment
Governing Law
Privacy Policy
Any other provisions that by their nature should survive termination

SECTION 16 - DISCLAIMER OF WARRANTIES

Information presented through the Services is provided for general informational purposes.

We do not warrant that information provided through the Services is accurate, complete, current, or useful for every purpose.

Your reliance on information presented through the Services is at your own risk.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, AND EXCEPT AS EXPRESSLY STATED BY SAVANNAH JOY, THE SERVICES AND PRODUCTS OFFERED THROUGH THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT REPRESENTATIONS, WARRANTIES, OR CONDITIONS OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE, AND NON-INFRINGEMENT.

WE DO NOT GUARANTEE THAT YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE.

SOME JURISDICTIONS DO NOT ALLOW CERTAIN WARRANTY DISCLAIMERS, SO SOME OF THESE DISCLAIMERS MAY NOT APPLY TO YOU.

SECTION 17 - LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMITTED BY LAW, SAVANNAH JOY, ITS PARTNERS, DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, SERVICE PROVIDERS, LICENSORS, OR SHOPIFY AND ITS AFFILIATES SHALL NOT BE LIABLE FOR ANY INJURY, LOSS, CLAIM, OR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND ARISING FROM OR RELATED TO YOUR USE OF THE SERVICES OR PRODUCTS PURCHASED THROUGH THE SERVICES.

THIS INCLUDES, WITHOUT LIMITATION, LOST PROFITS, LOST REVENUE, LOST SAVINGS, LOSS OF DATA, REPLACEMENT COSTS, OR SIMILAR DAMAGES, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE.

THIS LIMITATION APPLIES TO CLAIMS ARISING FROM ERRORS OR OMISSIONS IN CONTENT OR FROM PRODUCTS OR CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Nothing in these Terms excludes or limits liability where doing so would be prohibited by applicable law.

SECTION 18 - INDEMNIFICATION

You agree to indemnify, defend, and hold harmless Savannah Joy, Shopify, and their respective affiliates, partners, officers, directors, employees, agents, contractors, licensors, and service providers from claims, losses, damages, liabilities, costs, and reasonable attorneys' fees arising from or related to:

Your breach of these Terms of Service or incorporated policies;
Your violation of applicable law or the rights of a third party; or
Your access to or use of the Services.

We will notify you of an indemnifiable claim where reasonably practicable.

A failure to promptly notify you will not relieve you of your obligations unless you are materially prejudiced.

We may control the defense and settlement of an indemnified claim, including the choice of counsel, at your expense.

We will not settle a claim requiring non-monetary obligations from you without your consent, which will not be unreasonably withheld.

You agree to cooperate in the defense of indemnified claims.

SECTION 19 - SEVERABILITY

If any provision of these Terms is determined to be unlawful, void, or unenforceable, that provision will nevertheless be enforced to the fullest extent permitted by applicable law.

The unenforceable portion will be treated as severed from these Terms, and the remaining provisions will remain valid and enforceable.

SECTION 20 - WAIVER; ENTIRE AGREEMENT

Our failure to enforce any right or provision of these Terms does not constitute a waiver of that right or provision.

These Terms of Service and any policies or operating rules posted by us on the website or relating to the Services constitute the entire agreement between you and Savannah Joy regarding your use of the Services.

They supersede prior or contemporaneous agreements, communications, and proposals, whether oral or written, including prior versions of these Terms.

Any ambiguity in the interpretation of these Terms will not automatically be interpreted against the party that drafted them.

SECTION 21 - 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 in violation of this section may be void.

We may transfer, assign, or delegate these Terms and our rights and obligations without your consent where permitted by applicable law.

SECTION 22 - GOVERNING LAW

These Terms of Service and any separate agreements under which we provide Services shall be governed by and construed in accordance with the applicable laws of the State of Arizona, without regard to conflict-of-law principles.

You and Savannah Joy consent to the applicable jurisdiction and venue of the courts located in or serving Goodyear, Arizona, to the extent permitted by applicable law.

SECTION 23 - HEADINGS

The headings used in these Terms are included for convenience only and do not limit or otherwise affect the meaning or interpretation of these Terms.

SECTION 24 - 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 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.

Where required by applicable law, we will provide notice of material changes and specify when those changes become effective.

Your continued use of or access to the Services following the posting of changes constitutes acceptance of the revised Terms, to the extent permitted by applicable law.