Terms of Service

Last Updated: August 6, 2026

These Terms of Service govern your access to and use of evergentlekeepsakes.shop and your purchase of products from Ever Gentle Keepsakes.

By accessing the Site or placing an order, you agree to these Terms.

1. Online Store

The Site is operated by Ever Gentle Keepsakes.

Our store is hosted on Shopify, which provides the e-commerce platform used to offer products and services.

2. Eligibility

By using the Site, you represent that:

• You are legally capable of entering into a binding agreement;

• You are at least the age of majority in your state or place of residence;

• Information submitted by you is accurate and complete;

• You will not use the Site for unlawful or unauthorized purposes.

3. Products and Customization

We make reasonable efforts to display products accurately.

Because many products are handmade, personalized, printed, engraved, or made to order, the final product may contain minor variations in:

• Color;

• Placement;

• Texture;

• Size;

• Shape;

• Printing;

• Engraving;

• Materials;

• Screen-to-product appearance.

These normal variations are not necessarily defects.

Product photographs are illustrative. Device and monitor settings may affect color appearance.

4. Customer Responsibility for Customization

You are responsible for reviewing all information before submitting an order, including:

• Names;

• Spelling;

• Dates;

• Messages;

• Photographs;

• Sizes;

• Colors;

• Addresses;

• Product options;

• Quantities.

We are not responsible for errors contained in information supplied or approved by you.

If we provide a proof, you are responsible for checking it carefully. Approval authorizes us to begin production.

5. Rights to Submitted Content

By submitting a photograph, design, name, message, artwork, logo, or other content, you represent and warrant that:

• You own the content or have permission to use it;

• You have permission from identifiable individuals where required;

• The content does not infringe copyright, trademark, privacy, publicity, or other rights;

• The content is not unlawful, threatening, hateful, obscene, fraudulent, or defamatory.

You grant Ever Gentle Keepsakes and its production service providers a limited, non-exclusive license to reproduce, modify, format, print, engrave, manufacture, and otherwise use the submitted content solely as reasonably necessary to process and fulfill your order, provide customer support, and comply with legal obligations.

We may reject or cancel an order containing content that we reasonably believe is unlawful, infringing, abusive, or inappropriate.

6. Orders

Submitting an order is an offer to purchase.

An automated order confirmation acknowledges receipt but does not necessarily constitute final acceptance.

We may accept, reject, limit, or cancel an order for reasons including:

• Product unavailability;

• Pricing or description errors;

• Suspected fraud;

• Payment failure;

• Shipping restrictions;

• Unlawful customization;

• Inability to produce the requested design;

• Violation of these Terms.

If we cancel a paid order, we will issue an appropriate refund.

7. Prices and Taxes

Prices are shown in the currency displayed at checkout.

Prices may change without notice, but changes will not normally affect orders already accepted.

Applicable shipping charges, taxes, and other fees will be displayed during checkout when required.

Customers are responsible for taxes, customs duties, or import charges not collected at checkout.

8. Payments

You agree to provide current, complete, and accurate payment and billing information.

Payment processing may be provided by Shopify Payments or another third-party provider.

We may use fraud-prevention systems and may request additional verification before fulfilling an order.

We reserve the right to cancel transactions reasonably suspected of fraud or unauthorized payment activity.

9. Promotions and Discount Codes

Promotions may be subject to separate terms.

Unless expressly stated otherwise:

• Discount codes cannot be combined;

• Discount codes have no cash value;

• Discounts do not apply retroactively;

• Promotions may be changed or ended at any time;

• A discount cannot be applied after an order is completed.

10. Production and Shipping

Production and shipping estimates are described in our Shipping Policy.

Delivery dates are estimates unless expressly guaranteed in writing.

If we cannot ship within the promised time, we will provide the notices and options required by applicable law.

11. Returns, Refunds, and Cancellations

Returns, replacements, refunds, and cancellations are governed by our Refund and Return Policy.

Customized and made-to-order products are generally not returnable for change of mind after production begins.

Nothing in these Terms removes any non-waivable consumer rights.

12. Intellectual Property

The Site and its original content, including text, graphics, store design, photographs, product descriptions, logos, and other materials, are owned by or licensed to Ever Gentle Keepsakes and are protected by applicable intellectual property laws.

You may not reproduce, distribute, modify, sell, commercially exploit, or create derivative works from Site content without prior written permission.

13. Prohibited Uses

You may not use the Site to:

• Violate any law;

• Infringe intellectual property or privacy rights;

• Submit false or misleading information;

• Transmit malware or harmful code;

• Attempt unauthorized access;

• Scrape or copy Site content through automated means;

• Interfere with Site security;

• Harass or harm another person;

• Engage in fraudulent payment or chargeback activity;

• Order products using content you are not authorized to use.

14. Third-Party Services

The Site may use or link to third-party services, including Shopify, payment providers, carriers, analytics services, and social media platforms.

We are not responsible for third-party websites or services outside our control.

Use of third-party services may be subject to their own terms and privacy policies.

15. Disclaimer of Warranties

To the maximum extent permitted by law, the Site and products are provided on an “as available” basis, except for express product descriptions and rights that cannot legally be excluded.

We do not warrant that the Site will always be uninterrupted, error-free, or completely secure.

This disclaimer does not limit warranties or consumer protections that cannot be waived under applicable law.

16. Limitation of Liability

To the maximum extent permitted by law, Ever Gentle Keepsakes will not be liable for indirect, incidental, special, consequential, exemplary, or punitive damages arising from use of the Site or products.

Where liability cannot be excluded, our total liability relating to a product or order will not exceed the amount paid for the product giving rise to the claim, except where a greater remedy is required by law.

Nothing in these Terms excludes liability that cannot legally be excluded.

17. Indemnification

To the extent permitted by law, you agree to indemnify and hold Ever Gentle Keepsakes harmless from third-party claims arising from:

• Content submitted by you;

• Your infringement of another person’s rights;

• Your unlawful use of the Site;

• Your material violation of these Terms.

18. Governing Law

These Terms are governed by the laws of the State of [STATE], without regard to conflict-of-law principles, except where applicable consumer law requires otherwise.

Any dispute will be handled in a court with lawful jurisdiction, unless the parties agree to another lawful dispute-resolution process.

19. Severability

If any provision is found invalid or unenforceable, the remaining provisions will remain in effect to the fullest extent permitted by law.

20. No Waiver

Failure to enforce a provision does not waive the right to enforce it later.

21. Changes to These Terms

We may update these Terms by posting a revised version on the Site.

Changes apply prospectively from the updated effective date unless otherwise required by law.

22. Entire Agreement

These Terms, together with our Privacy Policy, Refund and Return Policy, Shipping Policy, and any product-specific terms, form the entire agreement regarding use of the Site and purchases from us.

23. Contact Information

Questions about these Terms should be sent to:

Ever Gentle Keepsakes
Legal entity: [BUSINESS LEGAL NAME]
Email: support@evergentlekeepsakes.shop
Website: evergentlekeepsakes.shop