Overview
Welcome to Hima & Alaya! The terms “we”, “us”, and “our” refer to Hima & Alaya. Hima & Alaya operates this store and website, including all related information, content, features, tools, products, and services, aiming to provide you (the customer) with a carefully curated shopping experience (hereinafter referred to as the “Service”). Hima & Alaya is powered by Shopify, enabling us to provide the Service to you.
The following terms and conditions, together with any policies referenced herein (collectively referred to as these “Terms of Service” or “Terms”), outline your rights and responsibilities when using the Service.
Please read these Terms of Service carefully, as they contain important information about your legal rights, including provisions such as disclaimers and limitations of liability.
Your visit to, interaction with, or use of the Service constitutes your agreement to be bound by these Terms of Service and our Privacy Policy [link]. If you do not agree to these Terms of Service or the Privacy Policy, please do not use or access our Service.
Section 1 – Access and Accounts
By agreeing to these Terms of Service, you represent that you are at least the legal age of majority in your state or province of residence, and you consent to allow any minor dependents under your care to use the Service on devices that you own, purchase, or manage.
To use certain aspects of the Service, including accessing or browsing our online store or purchasing any products or services we offer, you may be required to provide certain information, such as your email address, billing, payment, and shipping details. You warrant and represent that all information you provide to our store is accurate, complete, and up-to-date, and that you have all necessary rights to provide such information.
You are solely responsible for maintaining the security of your account credentials and all activities that occur under your account. You may not transfer, sell, assign, or authorize any other person to use your account.
Section 2 – Our Products
We have made every effort to accurately display our products and services in our online store. However, please note that actual colors or product appearances may differ from what you see on your screen due to variations in device types, settings, and configurations used to access the store.
We do not warrant that any product or service you purchase will meet your expectations in terms of appearance or quality, nor do we guarantee that it will be identical to the description or display on our online store.
All product descriptions are subject to change without notice. We reserve the right to discontinue any product at any time and may limit the quantity of any product provided to any person, geographic region, or jurisdiction at our sole discretion.
Section 3 – Orders
When you place an order, you are making an offer to purchase. Hima & Alaya reserves the right to accept or reject your order at our sole discretion for any reason. A binding contract between you and Hima & Alaya will only be formed when we confirm acceptance of your order. We must receive and process your payment before your order can be accepted. Please carefully review your order details before submission, as Hima & Alaya may not be able to cancel your order after it has been accepted. If we do not accept, modify, or cancel your order, we will attempt to notify you using the email address, billing address, and/or phone number you provided at checkout.
Returns and exchanges for your purchase are only permitted in accordance with our Refund Policy [link].
You warrant and represent that you are making purchases for personal or household use only, and not for any commercial resale or export purposes.
Section 4 – Pricing 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 at the time you place your order, and will be listed in your order confirmation email. Unless expressly stated otherwise, listed prices do not include taxes, shipping fees, handling charges, duties, or import fees.
Prices displayed in our online store may differ from those offered in physical stores or other stores operated by third parties. We may occasionally offer service promotions that affect pricing, and such promotions are governed by separate terms and conditions independent of these Terms. In the event of any conflict between promotional terms and these Terms, the promotional terms shall prevail.
You agree to provide current, complete, and accurate purchase, payment, and account information for all transactions made at our store. You agree to update your account and other information, including your email address, credit card number, and expiration date, promptly to allow us to complete your transactions and contact you as needed.
You warrant and represent that (i) the credit card information you provide is true, correct, and complete; (ii) you are authorized to use the credit card for the purchase; (iii) the charges incurred through the shopping process will be honored by your credit card company; and (iv) you will pay the charges incurred through the shopping process at the listed price, including shipping and handling fees and all applicable taxes (if any).
Section 5 – Shipping and Delivery
We shall not be liable for delays in shipping and delivery. All delivery times are estimates only and cannot be guaranteed. We shall not be responsible for any delivery delays caused by carriers, customs processing, or events beyond our control. Title and risk of loss for products pass to you when we deliver the products to the carrier.
Section 6 – Intellectual Property
Our Service, including but not limited to all trademarks, brands, text, displays, images, graphics, product reviews, videos, and audio, as well as the related design, selection, and arrangement thereof, are owned by Hima & Alaya, its affiliates, or licensors, and are protected by U.S. and foreign patents, copyrights, and other intellectual property laws.
These Terms permit you to use the Service solely for non-commercial personal use. Without our prior written consent, you may not reproduce, distribute, modify, create derivative works from, publicly display, publicly perform, republish, download, store, or transmit any material from the Service. Except as expressly provided in these Terms, nothing herein shall be construed as granting to you any license or other right to any patent, trademark, copyright, or other intellectual property of Hima & Alaya, Shopify, or any third party. Unauthorized use of the Service may violate federal and state intellectual property laws. Hima & Alaya reserves all rights not expressly granted herein.
The names, logos, product and service names, designs, and slogans of Hima & Alaya are trademarks of Hima & Alaya or its affiliates or licensors. You may not use such trademarks without the prior written permission of Hima & Alaya. The names, logos, 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 Service are trademarks of their respective owners.
Section 7 – Optional Tools
As part of the Service, we may provide you with access to third-party customer tools, which we do not monitor, control, or endorse.
You acknowledge and agree that we provide access to such tools on an “as is” and “as available” basis, without any warranties, representations, or conditions of any kind, and without any endorsement whatsoever. We shall not be liable for any damages arising out of or in connection with your use of optional third-party tools.
Your use of optional tools provided via the website is entirely at your own risk and discretion, and you should ensure that you have read and agreed to the terms under which such tools are provided by the relevant third-party suppliers.
We may also provide new features in the future through the Service (including the release of new tools and resources). Such new features shall also be deemed part of the Service and shall be subject to these Terms of Service.
Section 8 – Third-Party Links
The Service may contain material and hyperlinks to websites provided or operated by third parties (including any embedded third-party features). We do not review or evaluate the content or accuracy of any third-party material or website that you choose to access. If you decide to leave the Service to access such material or third-party websites, you do so at your own risk.
We shall not be liable for any harm or damage arising from your access to any third-party website, or your purchase or use of any products, services, resources, or content on any third-party website. Please carefully review the policies and practices of third parties and make sure you understand them before engaging in any transactions. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third party directly.
Section 9 – Relationship with Shopify
[Merchant Note: This section accurately describes the relationship between Shopify and your store and should not be removed or modified.]
Hima & Alaya is powered by Shopify, enabling us to provide the Service to you. However, any sales and purchase transactions you conduct at our store are completed directly with Hima & Alaya. By using the Service, you acknowledge and agree that Shopify shall not be responsible for any matters related to any sales between you and Hima & Alaya, including any injury, damage, or loss caused by the products and services purchased. You hereby expressly release Shopify and its affiliates from all claims, damages, and liabilities arising out of or in connection with your purchase and transaction with Hima & Alaya.
Section 10 – Privacy Policy
All personal information we collect through the Service is governed by our Privacy Policy (please view our Privacy Policy [link]), and certain personal information may be subject to Shopify’s Privacy Policy (please view Shopify’s Privacy Policy [link]). Your use of the Service constitutes your reading and understanding of these Privacy Policies.
Since the Service is hosted by Shopify, Shopify will collect and process personal information about your access and use of the Service to provide and improve the Service for you. Information you submit to the Service will be transmitted to and shared with Shopify, as well as third parties that may be located outside your country/region, to provide the Service to you. Please review our Privacy Policy [link] to learn more about how we, Shopify, and our partners use your personal information.
Section 11 – Feedback
If you submit, upload, post, email, or otherwise transmit any ideas, suggestions, feedback, comments, proposals, plans, or other content (collectively referred to as “Feedback”), you hereby grant us a perpetual, worldwide, royalty-free, sublicensable license to use, reproduce, modify, publish, distribute, and display such Feedback in any media for any purpose, including commercial purposes. For example, we may exercise our rights under this license to operate, provide, evaluate, enhance, improve, and promote the Service, as well as to fulfill and exercise our obligations and rights under these Terms of Service.
You also warrant and represent that (i) you own or have all necessary rights to submit all Feedback; (ii) you have disclosed any compensation or reward received for submitting the Feedback; and (iii) your Feedback will comply with these Terms. We are under no obligation to: (1) keep any Feedback confidential; (2) pay any compensation for any Feedback; or (3) respond to any Feedback.
We may (but are not obligated to) monitor, edit, or remove any Feedback that we, in our sole discretion, deem to be illegal, offensive, threatening, defamatory, libelous, degrading, intimidating, or harmful to any person, or that violates any party’s intellectual property rights or these Terms of Service.
You agree that your Feedback will not violate any rights of any third party, including copyright, trademark, privacy, personality, or other personal or proprietary rights. You further agree that your Feedback will not contain defamatory or other illegal, obscene, or indecent content, or any computer viruses or other malicious software that may affect the operation of the Service or any related website in any way. You may not use a false email address, impersonate any other person or entity, or otherwise mislead us or any third party as to the source of any Feedback. You are solely responsible for any Feedback you submit and its accuracy. We shall not be liable for, and shall not be responsible for, any Feedback posted by you or any third party.
Section 12 – Errors, Inaccuracies, and Omissions
Information in our website or Service may occasionally contain typographical errors, inaccuracies, or omissions, which may relate to product descriptions, pricing, promotions, offers, product shipping fees, delivery times, and availability. We reserve the right to correct any errors, inaccuracies, or omissions, and to change or update information or cancel orders if any information in the Service or any related website is inaccurate, without prior notice (including after you have submitted your order).
Section 13 – Prohibited Uses
You may only access and use the Service for lawful purposes. You may not access or use the Service, directly or indirectly, for any of the following purposes: (a) any illegal or malicious purpose; (b) in violation of any international, federal, provincial, or state regulations, rules, laws, or local ordinances; (c) to infringe or violate our intellectual property rights or the intellectual property rights of others; (d) to harass, humiliate, defame, harm, libel, slander, disparage, intimidate, or injure any of our employees or any other person; (e) to transmit false or misleading information; (f) to send, knowingly receive, upload, download, use, or re-use any material that does not comply with these Terms; (g) to transmit or facilitate the transmission of any advertising or promotional material, including any “spam”, “chain letters”, “mass mailings”, or any other similar solicitation; (h) to impersonate or attempt to impersonate any other person or entity; or (i) to engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Service, or which, as determined by us, may harm Hima & Alaya, Shopify, or users of the Service or expose them to liability.
In addition, you agree not to engage in any of the following activities: (a) uploading or transmitting viruses or any other type of malicious code, the use of which will or may affect the functionality or operation of the Service; (b) reproducing, duplicating, copying, selling, reselling, or exploiting any portion of the Service; (c) collecting or tracking the personal information of others; (d) sending spam, phishing, pharming, using pretexting techniques, web scraping, or crawling; or (e) interfering with or circumventing the security features of the Service or any related website, other websites, or the Internet. If we determine that you have violated any provision of these Terms, we reserve the right to suspend, disable, or terminate your account at any time without prior notice.
Section 14 – Termination
We may terminate this Agreement or your access to the Service (or any part thereof) at any time at our sole discretion without prior notice, and you shall still be liable for all amounts due up to and including the date of termination.
The following sections shall survive any termination: Intellectual Property, Feedback, Termination, Disclaimers, Limitation of Liability, Indemnification, Severability, Waiver; Entire Agreement, Assignment, Governing Law, Privacy Policy, and any other sections that, by their nature, should survive termination.
Section 15 – Disclaimers
Information provided in or through the Service is for general informational purposes only. We do not warrant that such information is accurate, complete, or useful. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Service, or by anyone who may be informed of any of its contents.
Except as expressly stated by Hima & Alaya, the Service and all products provided through the Service are provided to you on an “as is” and “as available” basis, without any representations, warranties, or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, satisfactory quality, fitness for a particular purpose, durability, title, and non-infringement. We do not warrant that the Service will be uninterrupted, timely, secure, or free from errors when you use it. Some jurisdictions limit or do not allow disclaimers of implied or other warranties, so the above disclaimers may not apply to you.
Section 16 – Limitation of Liability
To the fullest extent permitted by law, in no event shall Hima & Alaya, our partners, directors, officers, employees, affiliates, agents, contractors, service providers, or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including but not limited to lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability, or otherwise, arising from your use of any part of the Service or any product purchased through the Service, or for any other claim related in any way to your use of the Service or any product, including but not limited to any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the Service or any content (or product) posted, transmitted, or otherwise made available via the Service, even if advised of their possibility.
Section 17 – Indemnification
You agree to indemnify, defend, and hold harmless Hima & Alaya, Shopify, and our affiliates, partners, officers, directors, employees, agents, contractors, licensors, and service providers from and against any claims, demands, damages, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising out of or in connection with (1) your violation of these Terms of Service or the documents incorporated herein; (2) your violation of any law or the rights of any third party; or (3) your access and use of the Service.
We will notify you of any indemnifiable claim, and failure to provide timely notice will not relieve you of your indemnification obligations unless it materially prejudices us. We may control the defense and settlement of any such claim (including the selection of counsel) at your expense, but we will not settle any claim that requires you to assume a non-monetary obligation without your consent (which you may not unreasonably withhold). You shall cooperate fully in the defense of these claims, including providing relevant documents.
Section 18 – Severability
If any provision of these Terms of Service is found to be illegal, invalid, or unenforceable, such provision shall be enforced to the maximum extent permitted by applicable law, and the unenforceable portion shall be deemed severed from these Terms of Service. Such determination shall not affect the validity and enforceability of any other remaining provisions.
Section 19 – Waiver; Entire Agreement
Our failure to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service, together with any policies or operating rules posted by us on this website or in connection with the Service, constitute the entire agreement and understanding between you and us, and supersede any prior or contemporaneous oral or written agreements, communications, and proposals between you and us (including but not limited to any prior versions of these Terms of Service).
Any ambiguity in the interpretation of these Terms of Service shall not be construed against the drafting party.
Section 20 – Assignment
You may not delegate, transfer, or assign this Agreement or any of your rights or obligations under these Terms without our prior written consent, and any such attempt shall be null and void. We may transfer, assign, or delegate these Terms and our rights and obligations without your consent or prior notice.
Section 21 – Governing Law
These Terms of Service and any separate agreements under which we provide the Service shall be governed by and construed in accordance with the laws of the jurisdiction where Hima & Alaya’s headquarters are located, subject to the federal, state, or local courts thereof. You and Hima & Alaya agree to submit to the personal and subject matter jurisdiction of such courts.
Section 22 – Headings
The headings used in this Agreement are for convenience only and shall not limit or otherwise affect these Terms.
Section 23 – Changes to Terms of Service
You may review the most current version of the Terms of Service at any time on this page.
We reserve the right to update, change, or replace any part of these Terms of Service by posting updates and changes on our website at our sole discretion. It is your responsibility to check our website periodically for changes to the Terms of Service. We will notify you of material changes to these Terms in accordance with applicable law, and such changes will take effect on the date specified in the notice. Your continued use of or access to our website or Service following the posting of any changes to these Terms of Service constitutes your acceptance of those changes.
Section 24 – Contact Information
Questions regarding these Terms of Service should be sent to us at the following email address: info@blog.himaalaya.art.
Our contact information is as follows:
Hima & Alaya
info@blog.himaalaya.art
