terms and conditions
OVERVIEW
This website is operated by ShowerHold. Throughout the site, the terms "we", "us" and "our" refer to ShowerHold. ShowerHold offers this website and all information, tools and services available from here to you, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
By visiting our site and/ or purchasing products, you agree to use our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”). These Terms of Service apply to all users of the site, including without limitation visitors, vendors, customers, merchants, and/or contributors of content.
Please read these Terms of Use carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Use. If you do not accept all the terms and conditions of this agreement, you may not access the website or use any services. If these Terms of Use are considered an offer, acceptance is expressly limited to these terms.
Any new features or tools which are added to this store shall also be subject to these Terms of Service. You can review the most current version of the Terms of Service at any time at this page. We reserve the right to change, update or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to periodically check this page for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
Our store is hosted by Shopify Inc. They provide us with the e-commerce platform through which we sell our products and services to you.
SECTION 1 – ONLINE SHOP TERMS
By agreeing to these Terms of Use, you represent that you are at least the age of majority in your state, province or country of residence or, if you are the age of majority in your state, province or country of residence, or, if you are the age of majority, you have given us your consent to allow any of your minor dependents to use this site.
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
The transmission of malicious software such as worms or viruses as well as any destructive code is prohibited.
Any violation of any of these Terms will result in immediate termination of your use of the Service.
SECTION 2 – GENERAL CONDITIONS
We reserve the right to refuse service to anyone for any reason at any time.
You understand that your content (not including credit card information), may be transferred unencrypted and (a) transmissions may occur over various networks and (b) changes may be made to conform and adapt to technical requirements of networks or devices. Credit card information is always encrypted during transmission.
You agree not to reproduce, duplicate, copy, sell, resell or otherwise exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without our express written permission.
The headings used in this agreement are for convenience only and will not affect the interpretation of these Terms.
SECTION 3 – ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We assume no responsibility if information on this site is not accurate, complete or current. The material on this site is provided for general information and should not be relied upon as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.
This site may contain certain historical information. Historical information is by its nature out of date and is provided for your information only. We reserve the right to change the contents of this site at any time, but we have no obligation to update information on our site. It is your responsibility to stay aware of any changes to our site.
SECTION 4 – MODIFICATIONS TO SERVICE AND PRICES
The prices of our products are subject to change at any time without notice.
We reserve the right at any time to modify or discontinue the Service (or any part thereof or any content) without notice at any time.
We will not be liable to you or any third party for any modification, price change, suspension or discontinuance of the Service.
SECTION 5 - PRODUCTS OR SERVICES (if applicable)
Certain products or services are available exclusively online through this website. These products or services may have limited quantities and are subject to return or exchange only according to our Refund Policy.
We have made every effort to display the colors and images of our products at the store as accurately as possible. However, we cannot guarantee that your computer monitor's display of any colors will be accurate.
We reserve the right to limit the sales of our products or Services to any person, geographic region or jurisdiction in our sole discretion on a case-by-case basis. We also reserve the right to impose quantity limits on any of our products or Services. All descriptions of products and prices are subject to change without notice and at our sole discretion. We reserve the right to discontinue a product at any time. Any offer for any product or service made on this site is null and void where prohibited by law.
We do not warrant that the quality of any products, services, information, or other material purchased by you will meet your expectations, or that any errors in the Service will be corrected.
SECTION 6 – ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place. We may, in our sole discretion, impose limits on quantities per person, per household or per order. These limits may include orders placed by the same customer account, the same credit card, and/or the same billing and/or shipping address. In the event that we need to change or cancel an order, we will attempt to notify you via e-mail and/or the billing address or phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole discretion, appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You are responsible to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
For further details please see our refund policy.
SECTION 7 – OPTIONAL TOOLS
We may provide you with access to third-party tools over which we neither control nor monitor.
You acknowledge and agree that we provide these tools 'as is' and 'as available' without any warranties, representations or conditions of any kind, either express or implied. We do not endorse or accept any liability whatsoever for any damages or other liability arising from your use of these optional third-party tools.
Any use by you of optional tools on this site is entirely at your own risk and please ensure that you are familiar with and approve of the terms on which third-party tools are made available to you.
We may, in the future, offer new services and/or features through the Website (including new tools and resources). Such new features and/or services shall also be subject to these Terms of Use.
SECTION 8 – THIRD PARTY LINKS
Certain content, products and services available via our Service may include materials from third-party providers.
Third-party links on this website may direct you to websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy of those third-party websites and we do not warrant and will not have any liability for any third-party materials or websites, or for any other materials, products, or services of third-parties.
We are not responsible for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review the third-party's policies and practices carefully and make sure you understand them before you engage in any transaction. You should direct any complaints, claims, concerns, or questions regarding third-party products to the third-party.
SECTION 9 – USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific content (for example, enter a contest) or send us, even unsolicited, creative ideas, suggestions, proposals, plans, or other materials (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and use in any form or media those comments. We are and shall have no obligation to treat any comments confidentially, pay any compensation for, or respond to any comments.
We reserve the right to monitor, edit or remove content that we deem in our sole discretion to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party's intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, personality, privacy or other proprietary right. You further warrant that your comments will not contain libelous, unlawful, abusive or obscene material, nor will they contain any computer virus or other malicious software that could in any way affect the operation of the Service or any related website. Using a false e-mail address, pretending to be someone other than yourself, or otherwise misleading us or third parties as to the origin of any comments is prohibited. You are solely responsible for all comments you make and their accuracy. We assume no responsibility for any comments posted by you or any third party.
SECTION 10 – PERSONAL INFORMATION
The transmission of personal information via our store is subject to our privacy policy.
SECTION 11 – ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions including product descriptions, pricing, promotions, offers, shipping charges, transit times, and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change, update information or cancel orders if any information in the Service or on any related website is inaccurate at any time - including after you have submitted your order - without prior notice.
We undertake no obligation to update, correct or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. Any specified update or refresh date in the Service or on any website shall not mean that all information has been modified or updated at that time.
SECTION 12 – PROHIBITED USES
In addition to the prohibitions set forth in these Terms of Use, you are prohibited from using the Site or its Content for any of the following purposes:
(a) for any unlawful purpose;
(b) to solicit others to perform or participate in any unlawful acts;
(c) to violate any international, federal, provincial or local regulations, laws or ordinances;
(d) infringe our or any third party’s intellectual property rights;
(e) to harass, abuse, insult, harm, slander, defame, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability;
(f) submit false or misleading information;
(g) upload, download or transmit viruses or other malicious code that may affect the operation of the Service or of any related website;
(h) collect or track personal information of third parties;
(i) to spam, phish, pharm, pretext, scrape or crawl;
(j) for obscene or immoral purposes;
(k) circumvent or interfere with security features of the Service or any related website, other websites, or the Internet.
We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
SECTION 13 – DISCLAIMER AND LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (unless expressly stated otherwise by us) provided 'as is' and 'as available' for your use, without warranties of any kind, either express or implied, including all implied warranties or conditions of merchantability, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall ShowerHold, our directors, officers, employees, subsidiaries, affiliates, agents, contractors, interns, suppliers, 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, without limitation 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 of the service or any products obtained through the service, or in connection with your use of the service or any content (or products) provided, transmitted, or otherwise made available through the service, even if we have been advised of the possibility of such damages. Because some states or jurisdictions may not allow the exclusion or limitation of consequential damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
SECTION 14 – INDEMNITY
You agree to indemnify, defend and hold harmless ShowerHold and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim, demand, damages and reasonable attorneys' fees made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any applicable law or the rights of a third-party.
SECTION 15 – SEVERABILITY
If any provision of these Terms of Use is determined to be unlawful, void or unenforceable, that provision shall be enforceable to the maximum extent possible without affecting the validity and enforceability of any other remaining provisions, and the unenforceable portion shall be deemed to be severed from these Terms of Use.
SECTION 16 – TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Use will remain in effect until terminated by either you or us. You may terminate these Terms of Use at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
If we believe, in our sole discretion, that you have breached, or it appears that you have breached, any provision of these Terms of Service, we reserve the right to terminate this agreement at any time without notice; in such event, you will remain liable for all amounts due up to and including the date of termination and we may deny you access to our Services (or any part thereof).
SECTION 17 – ENTIRE AGREEMENT
Our failure to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications or proposals, whether oral or written, between you and us (including any prior versions of these Terms of Service).
Any ambiguities in the interpretation of these Terms of Use shall not be to the detriment of the party that drafted them.
SECTION 18 – GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of United States.
SECTION 19 - CHANGES TO THE TERMS OF USE
You can view the current version of the Terms of Use at any time on this page.
We reserve the right, at our sole discretion, to update, change, or replace any part of these Terms of Use by posting updates and changes to our website. It is your responsibility to periodically check our website for changes. Your continued use of the website or the Service following the posting of any changes to these Terms of Use constitutes acceptance of those changes.
SECTION 20 – CONTACT INFORMATION
Questions about these Terms of Use should be directed to us.
You can find our contact information below: