Terms of Service
These Terms of Service ("Terms") govern your access to and use of this website and any associated services, applications, tools, features, or content provided by EVEVIOR CORP. ("we," "us," or "our") (collectively, the "Service"). These Terms apply to all users of the site without limitation, including but not limited to visitors, browsers, vendors, customers, merchants, affiliates, contributors of content, and any individuals or entities who access or utilize any part of the Service in any capacity.
By visiting or using any part of the website, you acknowledge that you have read, understood, and agree to be legally bound by these Terms. If you do not agree to all the terms and conditions stated herein, you must refrain from accessing the website or using any part of the Service. Your use of the website constitutes a binding agreement to comply with these Terms in full. In the event these Terms are construed as an offer, your acceptance is expressly limited to the terms and conditions contained herein.
These Terms apply to all functionalities and services provided through the website, including any current or future features, products, or tools that may be added to or integrated with the existing platform. Any additions or enhancements to the current store or Service shall also fall under the governance of these Terms. It is your responsibility to review these Terms periodically for any updates or modifications. We reserve the right, at our sole discretion, to update, revise, modify, or replace any portion of these Terms by posting changes on this page. Continued access or use of the website following such updates constitutes acceptance of the revised Terms.
This site is operated through the Shopify Inc. platform, which furnishes the technical infrastructure enabling us to offer and manage our online store and related services. As a user of this website, you agree to comply not only with our own Terms and policies but also with any applicable terms and conditions imposed by Shopify and any third-party service providers upon whom we rely.
Your access to and use of the website is further subject to our Privacy Policy and any additional guidelines, rules, or terms applicable to particular services or features, all of which are incorporated herein by reference. If you are acting on behalf of a business or other legal entity, you represent and warrant that you have the authority to bind that entity to these Terms and that your access and use of the Service constitutes such binding agreement.
Eligibility
By using the Service, you represent that you are at least the age of majority in your jurisdiction of residence, or that you have obtained the consent of a parent or legal guardian to use the Service and to be bound by these Terms. We do not knowingly collect personal information from children without such consent.
Order Acceptance and Cancellation
We reserve the right, at our sole discretion, to refuse or cancel any order for any reason, at any time. Circumstances that may result in the cancellation of an order include but are not limited to: limitations on available inventory, inaccuracies or errors in product or pricing information, suspicion of fraudulent or unauthorized activity, or violations of these Terms. In the event we make a change to or cancel an order, we may attempt to notify you using the contact information provided at the time the order was placed. We are not liable for any failure to notify you in the event of cancellation.
We further reserve the right to limit the quantities of any products or services offered, whether on a per-order basis, per customer, per geographic region, or otherwise, at our sole discretion.
We further reserve the right, at our sole discretion, to monitor return activity and to limit, suspend, or refuse future orders or returns from any customer whose return history we reasonably determine to be excessive, abusive, or inconsistent with ordinary retail use. Factors we may consider include, without limitation, the frequency, pattern, and value of returns relative to purchases. We will make reasonable efforts to notify affected customers before restricting an account.
Pricing and Modifications to the Service
All prices for products and services offered through our website are subject to change at any time without prior notice. We reserve the right to adjust or discontinue any aspect of the Service, including but not limited to product offerings, descriptions, or pricing, at any time and without liability to you or to any third party.
We are not responsible for typographical errors or inaccuracies in pricing, product descriptions, or promotional materials. In the event that a product or service is listed at an incorrect price or with incorrect information, we reserve the right to refuse or cancel orders placed for that product or service, even if the order has been confirmed or payment has been processed. If payment has already been made, a full refund will be issued.
Intellectual Property
All content on this website — including but not limited to text, graphics, logos, product photography, brand names, and the Evevior name and marks — is either owned by Evevior or used under license or authorization from the applicable rights holder. You may not reproduce, distribute, modify, or create derivative works from any content on this site without our prior written consent, except as necessary to use the Service for its intended personal, non-commercial purpose.
Product and Certification Claims
Where we state that a product holds a specific certification (including, without limitation, GOTS or OEKO-TEX Standard 100), that statement is accurate as of the date the applicable product page or listing was last updated and is based on certification documentation provided to us by our suppliers. Certification status is issued and maintained by independent third-party certifying bodies and is subject to renewal, audit, and change outside of our control. We will make commercially reasonable efforts to update our claims promptly if a supplier's certification status changes, but we do not guarantee that every reference to a certification across the Service is updated in real time. Nothing in this section limits your rights under applicable consumer protection law.
Limitation of Liability
To the fullest extent permitted by applicable law, we disclaim all warranties, express or implied, including but not limited to merchantability, fitness for a particular purpose, and non-infringement. The use of the website and all products and services obtained through it is at your sole risk. All products and services are provided "as is" and "as available," without warranties of any kind.
In no event shall we, our affiliates, officers, directors, employees, agents, contractors, licensors, service providers, suppliers, or successors be liable for any direct, indirect, incidental, consequential, special, or exemplary damages arising from or related to your use of the Service or any products or services purchased through it. This includes, but is not limited to, lost profits, loss of data, replacement costs, or any damages resulting from errors or omissions in any content or materials, delays or interruptions in service, or the unauthorized use of your account or personal information.
Our liability to you for any single claim arising out of or related to the Service shall not exceed the amount paid by you for the specific product or service that is the subject of the claim. In addition to this per-claim cap, our aggregate liability to you for all claims arising out of or related to the Service in any rolling twelve (12) month period shall not exceed the greater of (a) the total amount paid by you to us during that twelve (12) month period, or (b) one hundred Canadian dollars (CAD $100). This aggregate cap applies whether such claims arise individually or are combined.
Prohibited Uses
You are prohibited from using the website or any of its content for any unlawful, unethical, or unauthorized purpose. This includes, but is not limited to, violating any local, national, or international law or regulation; infringing upon or violating our intellectual property rights or the rights of others; submitting false or misleading information; or engaging in any behavior that could damage, disable, overburden, or impair the website or interfere with any other party's use of the site. You may not use the site to harass, abuse, insult, harm, defame, threaten, intimidate, or discriminate against others based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability. You are strictly prohibited from uploading or transmitting any viruses, malware, worms, or other destructive code that may compromise the security, functionality, or integrity of the website or any related systems. Furthermore, you may not attempt to gain unauthorized access to the website, its servers, or any data or information stored therein, nor may you use the site to collect or track personal information of others, engage in unsolicited advertising, spam, phishing, or any other form of deceptive activity. We reserve the right to immediately terminate your access to the Service, without notice, if we determine that you have violated any of these restrictions, and we further reserve the right to take legal action as deemed necessary.
Governing Law and Jurisdiction
These Terms and any dispute arising out of or related to them or the Service shall be governed by and construed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable herein, without regard to its conflict of laws principles. Subject to the binding arbitration agreement set out in the Dispute Resolution section below, you agree that any legal action or proceeding arising out of these Terms shall be brought exclusively in the courts located in Ontario, and you consent to the personal jurisdiction of such courts.
Dispute Resolution
Before initiating any formal legal proceeding, you agree to first contact us at the email below to attempt to resolve the dispute informally. If a dispute cannot be resolved informally within thirty (30) days, either party may pursue the dispute as set out below.
Any dispute not resolved through the informal process above shall be finally resolved by binding arbitration administered by the ADR Institute of Canada, Inc. under its applicable arbitration rules, rather than in court, except that either party may bring an individual claim in small claims court if it qualifies. The arbitration shall be seated in Ontario, and the arbitrator's decision shall be final and binding on both parties, subject only to limited judicial review as permitted by applicable law.
You and Evevior each agree that any arbitration or proceeding shall be conducted only on an individual basis and not in a class, consolidated, or representative action. Neither party may join or consolidate claims with those of any other person, and the arbitrator has no authority to conduct any arbitration as a class or representative proceeding. If this class-action waiver is found unenforceable as to a particular claim, that claim (and only that claim) may proceed in the courts identified in the Governing Law and Jurisdiction section above, and the remainder of this arbitration agreement remains in effect.
For business or wholesale purchasers only — that is, agreements where neither party is a "consumer" as defined under applicable consumer protection legislation — any claim or cause of action arising out of or relating to these Terms or the Service must be commenced within one (1) year after the claim or cause of action accrues, or it will be permanently barred. This time limit does not apply to, and does not shorten, any statutory limitation period available to consumers, whose claims remain governed by the limitation periods set out in applicable law.
General Provisions
If any provision of these Terms is found to be unlawful, void, or unenforceable, that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of the remaining provisions. These Terms, together with our Privacy Policy and any other policies referenced herein, constitute the entire agreement between you and us regarding the Service and supersede any prior agreements. We may discontinue or modify any part of the Service at any time without liability, subject to applicable law.
Contact Information
If you have any questions regarding these Terms of Service or their application, you should contact us directly at support@evevior.com before proceeding to use any aspect of the website or Service.