Terms of service
OVERVIEW
Welcome to The Long Evening! The terms "we", "us" and "our" refer to The Long Evening. The Long Evening 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"). The Long Evening is powered by Shopify, which enables us to provide the Services to you.
The below terms and conditions, together with any policies referenced herein (these "Terms of Service" or "Terms") 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 and cover areas such as 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 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 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 of the products or services we offer, you may be asked to provide certain information, such as your email address, billing, payment, and shipping information. You represent and warrant that all information you provide is correct, current and complete and that you have all rights necessary to provide this information.
You are solely responsible for maintaining the security of your account credentials and for all of your account activity. You may not transfer, sell, assign, or license your account to any other person.
SECTION 2 - OUR PRODUCTS
We have made every effort to provide an accurate representation of our products and services in our online store. However, colors or product appearance may differ from how they appear on your screen due to the device, display settings, lighting, or other factors.
We do not warrant that the appearance or quality of any products or services purchased by you will meet your expectations or be identical to how they are depicted or rendered in our online store.
All product descriptions are subject to change at any time without notice. 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 Long Evening reserves the right to accept or decline your order for any reason at its discretion. Your order is not accepted until The Long Evening 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 with your order.
Your purchases are subject to our Return and Refund Policy.
You represent and warrant that your purchases are for your own personal or household use and not for commercial resale or export.
SECTION 4 - PRICES AND BILLING
Prices, discounts and promotions are subject to change without notice. The price charged for a product or service will be the price in effect when the order is placed and will be shown in your order confirmation.
Unless otherwise expressly stated, posted prices do not include applicable taxes, shipping, handling, customs, or import charges.
Prices in our online store may differ from prices offered by third parties. We may offer promotions from time to time that are governed by separate terms and conditions. If there is a conflict between promotional terms and these Terms, the promotional terms will govern.
You agree to provide current, complete and accurate purchase, payment and account information for purchases made through our store and to promptly update information when necessary.
You represent and warrant that payment information you provide is true, correct and complete, that you are authorized to use the payment method, and that charges incurred will be honored by your payment provider.
SECTION 5 - SHIPPING AND DELIVERY
Products sold through The Long Evening may be fulfilled and shipped by independent suppliers and fulfillment partners.
Shipping methods, costs, estimated delivery times, and availability may vary by product, supplier, destination, and order.
All delivery times shown are estimates only and are not guaranteed. We are not responsible for delays caused by carriers, suppliers, customs processing, weather, or other events outside our reasonable control.
Orders containing products from more than one supplier may arrive in separate shipments and at different times.
Please review our Shipping Policy for additional information regarding shipping and delivery.
SECTION 6 - INTELLECTUAL PROPERTY
Our Services, including trademarks, brands, text, displays, images, graphics, product reviews, video, audio, and the design, selection and arrangement thereof, are owned by The Long Evening, its affiliates, licensors, suppliers, or other respective rights holders and are protected by applicable intellectual property laws.
These Terms permit you to use the Services for personal, non-commercial purposes only. You must not reproduce, distribute, modify, create derivative works from, publicly display, publicly perform, republish, download, store, or transmit material from the Services without authorization from the applicable rights holder.
Nothing in these Terms grants you a license or other rights under any patent, trademark, copyright, or other intellectual property belonging to The Long Evening, Shopify, our suppliers, or any third party.
Shopify's name, logo, product and service names, designs and slogans are trademarks of Shopify. Other names, logos, product and service names, designs and slogans appearing through the Services are trademarks of their respective owners.
SECTION 7 - OPTIONAL TOOLS
You may be provided access to tools offered by third parties as part of the Services that we neither monitor nor control.
You acknowledge and agree that access to such tools is provided "as is" and "as available" without warranties, representations, or conditions of any kind and without endorsement.
Your use of optional third-party tools is at your own risk and discretion. You should review and understand the terms under which those tools are provided.
We may offer new features, tools, and resources through the Services in the future. Such features will also be considered part of the Services and subject to these Terms.
SECTION 8 - THIRD-PARTY LINKS
The Services may contain materials or links to websites provided or operated by third parties. We are not responsible for examining or evaluating the content, accuracy, policies, or practices of third-party websites.
If you leave our Services to access third-party websites, you do so at your own risk.
We are not responsible for harm or damages related to your access to third-party websites or your purchase or use of products, services, resources, or content offered through those websites.
Please review third-party policies and practices before engaging in transactions with them.
SECTION 9 - RELATIONSHIP WITH SHOPIFY
The Long Evening is powered by Shopify, which enables us to provide the Services to you. However, sales and purchases made through our store are made directly with The Long Evening.
By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of sales between you and The Long Evening, including injury, damage, or loss resulting from purchased products and services.
You expressly release Shopify and its affiliates from claims, damages, and liabilities arising from or related to purchases and transactions with The Long Evening.
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.
Because the Services are hosted by Shopify, Shopify collects and processes certain personal information relating to your access to and use of the Services in order to provide and improve the Services.
Information submitted through the Services may be transmitted to and shared with Shopify and other service providers as necessary to process transactions, fulfill orders, operate the store, and provide the Services.
Please review our Privacy Policy for additional information about how personal information is handled.
SECTION 11 - FEEDBACK
If you submit, upload, post, email, or otherwise provide ideas, suggestions, feedback, reviews, proposals, plans, or other content ("Feedback"), you grant us a worldwide, sublicensable, royalty-free license to use, reproduce, modify, publish, distribute and display such Feedback for purposes related to operating, improving, and promoting the Services.
You represent that you own or have the necessary rights to provide such Feedback and that your Feedback will not violate the rights of another person or applicable law.
We may monitor, edit, or remove Feedback that we determine violates these Terms or is otherwise inappropriate or unlawful.
You are responsible for Feedback you provide and its accuracy.
SECTION 12 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally information available through 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 change or 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 access and use the Services only for lawful purposes.
You may not use the Services to violate applicable laws or regulations; infringe intellectual property or other rights; harass, abuse, threaten, defame, or harm another person; transmit false or misleading information; distribute malicious software; send unauthorized spam or solicitations; impersonate another person or entity; collect personal information unlawfully; interfere with the operation or security of the Services; or engage in other unlawful or harmful activity.
You may not reproduce, duplicate, copy, extract, sell, resell, or exploit portions of the Services except as expressly permitted.
We reserve the right to suspend, disable, or terminate access to the Services if we determine that these Terms have been violated.
SECTION 14 - AGENTS AND AUTOMATED ACCESS
Software, automated services, bots, agents, scraping tools, or similar automated systems may not access or interact with the Services in a manner that violates these Terms, circumvents security or access controls, misrepresents automated activity as human activity, interferes with operation of the Services, or violates applicable law.
We may use technical measures to limit or prevent automated access to the Services.
SECTION 15 - TERMINATION
We may terminate this agreement or your access to the Services, or any part thereof, in our discretion to the extent permitted by applicable law.
You will remain responsible for amounts properly due through the effective date of termination.
Provisions that by their nature should survive termination will continue to apply.
SECTION 16 - DISCLAIMER OF WARRANTIES
The information presented through the Services is made available for general informational purposes. We do not warrant the accuracy, completeness, or usefulness of information except as required by applicable law.
TO THE FULLEST EXTENT PERMITTED BY LAW, AND EXCEPT AS EXPRESSLY STATED BY THE LONG EVENING, 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.
SOME JURISDICTIONS LIMIT OR DO NOT ALLOW CERTAIN WARRANTY DISCLAIMERS, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
SECTION 17 - LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY LAW, THE LONG EVENING AND ITS AFFILIATES, PARTNERS, EMPLOYEES, AGENTS, CONTRACTORS, SERVICE PROVIDERS, LICENSORS, AND OTHER ASSOCIATED PARTIES WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING FROM YOUR USE OF THE SERVICES OR PRODUCTS PURCHASED THROUGH THE SERVICES, EXCEPT WHERE SUCH LIABILITY CANNOT LAWFULLY BE LIMITED OR EXCLUDED.
Nothing in these Terms excludes or limits rights or remedies that cannot legally be excluded or limited.
SECTION 18 - INDEMNIFICATION
To the extent permitted by applicable law, you agree to indemnify, defend and hold harmless The Long Evening, Shopify, and their respective affiliates, partners, officers, directors, employees, agents, contractors, licensors, and service providers from third-party claims, losses, damages, liabilities, and reasonable costs arising from your breach of these Terms, violation of applicable law, violation of another person's rights, or misuse of the Services.
SECTION 19 - SEVERABILITY
If any provision of these Terms is determined to be unlawful, void, or unenforceable, that provision will be enforced to the fullest extent permitted by law or severed as necessary without affecting the validity and enforceability of the remaining provisions.
SECTION 20 - WAIVER; ENTIRE AGREEMENT
Our failure to exercise or enforce a right or provision of these Terms does not constitute a waiver of that right or provision.
These Terms and the policies or operating rules posted through the Services constitute the agreement governing your use of the Services and supersede prior agreements or communications concerning the same subject matter.
SECTION 21 - ASSIGNMENT
You may not transfer or assign your rights or obligations under these Terms without our prior written consent.
We may transfer or assign our rights and obligations under these Terms as permitted by applicable law.
SECTION 22 - GOVERNING LAW
These Terms of Service and any separate agreements through which we provide Services will be governed by and construed in accordance with applicable laws in the jurisdiction where The Long Evening is headquartered, without limiting any consumer rights that apply under applicable law.
SECTION 23 - HEADINGS
Headings used in these Terms are included for convenience only and do not limit or otherwise affect these Terms.
SECTION 24 - CHANGES TO TERMS OF SERVICE
You can review the current version of these Terms of Service on our website.
We reserve the right to update, change, or replace portions of these Terms by posting updates to our website. Material changes will be communicated when required by applicable law.
Continued use of the Services after changes become effective constitutes acceptance of the updated Terms to the extent permitted by law.
SECTION 25 - CONTACT INFORMATION
Questions about these Terms of Service may be sent to:
The Long Evening
hello@thelongevening.com