Terms Of Service

OVERVIEW

Welcome to Devlin and Company. The terms “we,” “us,” and “our” refer to Devlin and Company. Devlin and Company operates this store and website, including all related information, content, features, tools, products, and services, in order to provide you with a curated shopping experience (the “Services”). Devlin and Company is powered by Shopify, which enables us to provide the Services to you.

These Terms of Service, together with any policies referenced herein (collectively, the “Terms of Service” or “Terms”), describe your rights and responsibilities when you access or use the Services.

Please read these Terms of Service carefully, as they include important information about your legal rights, including 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 the Privacy Policy, you should not access or use 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, or that you have given consent for any minor dependents to use the Services on devices you own, purchase, or manage.

To use the Services, including browsing our online store or purchasing products or services, you may be required to provide certain information, including your email address, billing details, payment information, and shipping address. You represent and warrant that all information you provide is accurate, current, complete, and that you have the legal right to provide such information.

You are solely responsible for maintaining the security of your account credentials and for all activity that occurs under your account. You may not transfer, sell, assign, or license your account to any other person.

SECTION 2 – OUR PRODUCTS

We make reasonable efforts to accurately display our products and services in our online store. However, colors or product appearance may vary depending on the device you use and your device settings or configuration.

We do not warrant that the appearance or quality of any product or service purchased by you will meet your expectations or exactly match what is displayed in our online store.

All product descriptions are subject to change at any time without notice, at our sole 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. Devlin and Company reserves the right to accept or decline any order at its discretion. An order is not accepted until payment has been received and processed and acceptance is confirmed by Devlin and Company.

Please review your order carefully before submitting it, as cancellation requests may not be accommodated once an order has been accepted. If we do not accept, modify, or cancel an order, we will attempt to notify you using the email address, billing address, and/or phone number provided at checkout.

All purchases are subject to return or exchange solely in accordance with our Refund Policy.

You represent and warrant that all purchases are for your personal or household use only 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 at the time the order is placed and will be reflected in your order confirmation.

Unless otherwise stated, prices do not include taxes, shipping, handling, customs, or import charges.

Prices offered in our online store may differ from prices offered in physical stores or other online or third-party retailers. Promotional offers may be governed by separate terms, and in the event of a conflict, the promotion terms will control.

You agree to provide current, complete, and accurate purchase and account information and to promptly update such information as needed. You represent and warrant that the payment information you provide is accurate, that you are authorized to use the payment method, that charges will be honored by your payment provider, and that you are responsible for all charges incurred, including applicable taxes and fees.

SECTION 5 – SHIPPING AND DELIVERY

All delivery times are estimates only and are not guaranteed. We are not responsible for shipping delays caused by carriers, customs processing, or events beyond our control. Title and risk of loss pass to you once products are transferred to the shipping carrier.

SECTION 6 – INTELLECTUAL PROPERTY

The Services and all related content, including trademarks, text, images, graphics, reviews, audio, video, and the selection and arrangement thereof, are owned by Devlin and Company or its licensors and are protected by applicable intellectual property laws.

These Terms permit use of the Services for personal, non-commercial purposes only. You may not copy, reproduce, distribute, modify, create derivative works of, publicly display, or otherwise use any content without prior written consent.

Nothing in these Terms grants you any license or rights to Devlin and Company’s intellectual property except as expressly stated. All rights not expressly granted are reserved.

Devlin and Company names, logos, designs, and slogans are trademarks of Devlin and Company. Shopify’s trademarks remain the property of Shopify. All other trademarks are the property of their respective owners.

SECTION 7 – OPTIONAL TOOLS

We may provide access to third-party tools that we do not monitor or control. Such tools are provided “as is” and “as available,” without warranties or endorsements. We are not liable for any issues arising from your use of optional third-party tools, which you use at your own risk.

SECTION 8 – THIRD-PARTY LINKS

The Services may include links to third-party websites or materials. We are not responsible for reviewing or evaluating third-party content and are not liable for any harm or damages related to your use of third-party websites, products, or services. Accessing third-party sites is done at your own risk.

SECTION 9 – RELATIONSHIP WITH SHOPIFY

Devlin and Company is powered by Shopify, which provides the platform that enables us to offer the Services. All sales are made directly between you and Devlin and Company. Shopify is not responsible for any aspect of transactions between you and Devlin and Company, and you expressly release Shopify and its affiliates from all related claims or liabilities.

SECTION 10 – PRIVACY POLICY

All personal information collected through the Services is governed by our Privacy Policy and Shopify’s Privacy Policy. By using the Services, you acknowledge that your information may be collected, processed, stored, and shared as described in those policies, including with service providers located in other countries.

SECTION 11 – FEEDBACK

If you submit any ideas, feedback, reviews, or other content, you grant Devlin and Company a perpetual, worldwide, royalty-free, sublicensable license to use, reproduce, modify, publish, and distribute such content for any lawful purpose.

You represent that you own or have the necessary rights to submit such content and that it does not violate any laws or third-party rights. We are not obligated to maintain feedback in confidence, provide compensation, or respond.

SECTION 12 – ERRORS, INACCURACIES AND OMISSIONS

We reserve the right to correct any errors, inaccuracies, or omissions and to update information or cancel orders at any time without prior notice, including after an order has been submitted.

SECTION 13 – PROHIBITED USES

You may use the Services only for lawful purposes. Prohibited conduct includes, but is not limited to, violating laws, infringing intellectual property rights, transmitting harmful code, harassment, fraud, impersonation, scraping, spamming, or interfering with the security or operation of the Services. We reserve the right to suspend or terminate access for violations of these Terms.

SECTION 14 – TERMINATION

We may terminate or suspend your access to the Services at any time without notice. All obligations incurred prior to termination will survive.

SECTION 15 – DISCLAIMER OF WARRANTIES

The Services and all products are provided “as is” and “as available.” We disclaim all warranties, express or implied, including warranties of merchantability, fitness for a particular purpose, durability, title, and non-infringement. We do not guarantee uninterrupted, secure, or error-free use of the Services. Some jurisdictions do not allow limitations on implied warranties, so certain provisions may not apply to you.

SECTION 16 – LIMITATION OF LIABILITY

To the fullest extent permitted by law, Devlin and Company, Shopify, and their respective affiliates, officers, employees, agents, contractors, and service providers shall not be liable for any indirect, incidental, special, punitive, or consequential damages arising from your use of the Services or purchase of products. Total liability shall not exceed the amount paid for the product giving rise to the claim.

SECTION 17 – INDEMNIFICATION

You agree to indemnify, defend, and hold harmless Devlin and Company, Shopify, and their respective affiliates and representatives from any claims, damages, losses, liabilities, or expenses arising from your use of the Services, violation of these Terms, or infringement of third-party rights.

SECTION 18 – SEVERABILITY

If any provision of these Terms is found unenforceable, the remaining provisions will remain in full force and effect.

SECTION 19 – WAIVER; ENTIRE AGREEMENT

Failure to enforce any provision does not constitute a waiver. These Terms, together with referenced policies, constitute the entire agreement between you and Devlin and Company and supersede all prior agreements or communications.

SECTION 20 – ASSIGNMENT

You may not assign or transfer these Terms without prior written consent. Devlin and Company may assign these Terms without notice.

SECTION 21 – GOVERNING LAW

These Terms of Service and any separate agreements whereby we provide the Services shall be governed by and construed in accordance with the laws of the State of New Jersey, without regard to its conflict-of-law principles. You agree that any legal action or proceeding arising out of or relating to these Terms or the Services shall be brought exclusively in the state or federal courts located within the State of New Jersey, and you consent to the personal jurisdiction and venue of such courts.

SECTION 22 – HEADINGS

Headings are included for convenience only and do not affect interpretation.

SECTION 23 – CHANGES TO TERMS OF SERVICE

We reserve the right to update these Terms at any time by posting changes on our website. Continued use of the Services constitutes acceptance of the updated Terms.

SECTION 24 – CONTACT INFORMATION

Questions about these Terms of Service may be sent to: info@shopdevlinandco.com.