By accepting these Terms, you confirm that you have reached the
age of majority in your state or province of residence. You also
confirm that you have given permission for any minor dependents
under your care to use the Services through devices that you own,
purchase, or manage.
When you browse our online store, use the Services, or purchase
products, you may be required to provide information such as an
email address and billing, payment, or shipping details. You
represent that all information supplied to us is accurate,
current, complete, and provided with the necessary rights.
You are responsible for protecting your account credentials and
for activity carried out through your account. Your account may
not be transferred, sold, assigned, or licensed to another person.
We make reasonable efforts to display our products and Services
accurately in our online store. However, product colors,
appearance, and visual details may vary depending on your device,
screen, display settings, or configuration.
We do not guarantee that a purchased product or Service will
appear exactly as shown online or that its appearance or quality
will meet every individual expectation.
Product descriptions may be revised at any time without advance
notice at our discretion. We may discontinue products or limit
quantities offered to particular individuals, locations, regions,
or jurisdictions on a case-by-case basis.
Submitting an order constitutes an offer to purchase. Ovelyrax™
may accept or decline an order at its discretion. An order is
considered accepted only after Ovelyrax™ confirms its acceptance,
and payment must be received and processed before acceptance.
Please verify your order carefully before submitting it. Once an
order has been accepted, we may not be able to accommodate a
cancellation request.
If an order is declined, changed, or cancelled, we will attempt
to contact you using the email address, billing address, and/or
telephone number provided when the order was placed.
Returns and exchanges are governed solely by our Refund Policy.
You represent that products purchased from Ovelyrax™ are intended
for personal or household use and not for commercial resale or
export.
Prices, discounts, and promotional offers may be changed without
prior notice. The amount charged for a product or Service will be
the price in effect when the order is submitted and will appear in
the order confirmation.
Unless specifically stated otherwise, displayed prices do not
include taxes, shipping costs, handling fees, customs charges, or
import costs.
Prices shown through our online store may differ from prices
offered in physical locations or stores operated by third parties.
From time to time, separate promotions may be offered under their
own terms. If those promotional terms conflict with these Terms,
the promotional terms will apply to that promotion.
You agree to provide complete, accurate, and current purchase,
payment, and account information and to update information such as
your email address, payment card details, and expiration dates when
necessary.
You represent that the credit card information you provide is
accurate and complete, that you are authorized to use the card,
that charges will be honored by the card issuer, and that you will
pay the posted purchase price together with applicable shipping,
handling, and taxes.
We are not responsible for shipping or delivery delays. Delivery
estimates are provided for reference only and are not guaranteed.
Ovelyrax™ is not responsible for delays resulting from carriers,
customs procedures, or circumstances outside our control. Once
products are transferred to the shipping carrier, title and risk
of loss pass to you.
The Services, including trademarks, brand elements, text,
displays, images, graphics, product reviews, video, audio,
layouts, selections, and arrangements, are owned by Ovelyrax™,
its affiliates, or licensors and are protected by applicable
United States and foreign intellectual property laws.
These Terms allow you to use the Services only for personal and
non-commercial purposes. Unless we provide prior written
permission, you may not reproduce, distribute, alter, create
derivative works from, publicly display, perform, republish,
download, store, or transmit materials from the Services.
Nothing in these Terms grants you a license or other right under
any patent, trademark, copyright, or other intellectual property
belonging to Ovelyrax™, Shopify, or a third party except where
expressly stated. Unauthorized use may violate applicable federal
or state intellectual property laws. Rights not expressly granted
remain reserved by Ovelyrax™.
Ovelyrax™ names, logos, product and service names, designs, and
slogans are trademarks of Ovelyrax™, its affiliates, or licensors
and may not be used without prior written authorization.
Shopify names, logos, product and service names, designs, and
slogans are trademarks of Shopify. Other names, logos, product
names, service names, designs, and slogans appearing through the
Services belong to their respective owners.
The Services may provide access to tools supplied by third
parties. We do not monitor or control those tools and do not
provide input into their operation.
Access to third-party tools is provided “as is” and “as
available,” without warranties, representations, conditions, or
endorsement of any kind. We are not liable for matters arising
from your use of optional third-party tools.
Any use of optional tools is at your own discretion and risk. You
should review and accept the terms established by the relevant
third-party provider before using them.
We may introduce additional features, tools, or resources through
the Services in the future. Those additions will also form part of
the Services and will be governed by these Terms.
The Services may include content, functionality, or links supplied
or operated by third parties. We are not responsible for reviewing
or evaluating the accuracy or content of third-party materials or
websites that you choose to access.
If you leave the Services to access an external website or
material, you do so at your own risk.
We are not liable for damage or loss related to your use of
third-party websites or your purchase or use of third-party
products, services, resources, or content.
Before completing a transaction with a third party, review that
party's policies and practices carefully. Questions, complaints,
claims, or concerns involving third-party products or Services
should be directed to the relevant third party.
09
Relationship with Shopify
[NOTE TO MERCHANT: This section accurately characterizes
Shopify’s relationship with your store and should not be
removed or modified.]
Ovelyrax™ is powered by Shopify, which enables us to provide the
Services. However, purchases and sales made through our Store are
transactions directly between you and Ovelyrax™.
By using the Services, you acknowledge that Shopify is not
responsible for any part of the sales transaction between you and
Ovelyrax™, including injuries, damages, or losses resulting from
products or Services purchased through the Store.
You expressly release Shopify and its affiliates from claims,
damages, and liabilities arising from or connected with purchases
and transactions made with Ovelyrax™.
Personal information collected through the Services is governed
by our Privacy Policy, which is available on the Privacy Policy
page. Certain personal information may also be subject to
Shopify's Privacy Policy. By using the Services, you acknowledge
that you have reviewed these privacy policies.
Because Shopify hosts the Services, Shopify collects and processes
information relating to your access to and use of the Services so
that the Services can be provided and improved.
Information submitted through the Services may be transmitted to
and shared with Shopify and other third parties, including parties
located in countries other than your country of residence, when
necessary to provide the Services.
Please review our Privacy Policy for further information about
how Ovelyrax™, Shopify, and our partners use personal information.
If you upload, submit, email, post, or otherwise provide ideas,
suggestions, reviews, proposals, plans, comments, or other content
(“Feedback”), you grant us a perpetual, worldwide, sublicensable,
royalty-free license to use, reproduce, modify, publish,
distribute, and display that Feedback in any medium for any
purpose, including commercial purposes.
These rights may be used to operate, deliver, assess, improve,
enhance, and promote the Services and to perform our obligations
or exercise our rights under these Terms.
You represent that you own or possess all rights needed to submit
the Feedback, that you have disclosed any compensation or
incentives related to it, and that the Feedback complies with
these Terms.
We are not required to keep Feedback confidential, compensate you
for Feedback, or respond to Feedback.
We may, but are not required to, review, edit, or remove Feedback
that we determine is unlawful, offensive, threatening, defamatory,
obscene, pornographic, otherwise objectionable, or in violation
of intellectual property rights or these Terms.
Feedback must not infringe copyright, trademark, privacy,
personality, or other proprietary rights of a third party. It
must not contain unlawful, abusive, obscene, or defamatory
material, viruses, or other malicious software that may affect
the Services or related websites.
You may not provide a false email address, impersonate another
person, or misrepresent the source of Feedback. You remain solely
responsible for your Feedback and its accuracy. We assume no
liability for Feedback provided by you or another third party.
12
Errors, Inaccuracies and Omissions
Information within the Services may occasionally contain
typographical errors, inaccuracies, or omissions involving product
descriptions, prices, promotions, offers, shipping costs,
availability, or transit times.
We may correct errors, inaccuracies, or omissions and may change,
update, or cancel affected information or orders at any time
without advance notice, including after an order has been
submitted.
You may access and use the Services only for lawful purposes.
You may not directly or indirectly use the Services:
- For an unlawful or malicious purpose
-
To violate international, federal, provincial, state, or local
laws, regulations, rules, or ordinances
-
To infringe our intellectual property rights or those of another
person
-
To harass, abuse, insult, harm, defame, slander, disparage, or
intimidate our employees or another person
- To transmit false or misleading information
-
To send, receive, upload, download, use, or reuse materials that
do not comply with these Terms
-
To distribute junk mail, spam, chain letters, advertisements,
or similar unauthorized solicitations
-
To impersonate or attempt to impersonate another person or
entity
-
To engage in conduct that restricts another person's use or
enjoyment of the Services or that may harm Ovelyrax™, Shopify,
users of the Services, or expose them to liability
You also agree not to:
-
Upload or transmit viruses or malicious code that could affect
the Services
-
Copy, duplicate, reproduce, sell, resell, or exploit any part
of the Services
-
Collect or track the personal information of other people
-
Spam, phish, pharm, pretext, spider, crawl, or scrape
-
Interfere with or bypass security features of the Services,
related websites, other websites, or the Internet
We may suspend, disable, or terminate your account without notice
if we determine that you have violated any part of these Terms.
We may terminate this agreement or your access to all or part of
the Services at any time, at our discretion and without prior
notice. You remain responsible for amounts due up to and including
the effective date of termination.
Provisions concerning Intellectual Property, Feedback,
Termination, Disclaimer of Warranties, Limitation of Liability,
Indemnification, Severability, Waiver, Entire Agreement,
Assignment, Governing Law, Privacy Policy, and any other terms
that by their nature should continue after termination will remain
effective.
15
Disclaimer of Warranties
Information presented through the Services is provided for general
informational purposes. We do not warrant that such information is
accurate, complete, or useful. Any reliance on this information is
at your own risk.
We disclaim responsibility for reliance placed on information
available through the Services by you, another visitor, or anyone
who receives information about its contents.
EXCEPT WHERE OVELYRAX™ EXPRESSLY STATES OTHERWISE, THE SERVICES
AND PRODUCTS MADE AVAILABLE THROUGH THE SERVICES ARE PROVIDED
“AS IS” AND “AS AVAILABLE,” WITHOUT REPRESENTATIONS, WARRANTIES,
OR CONDITIONS OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING IMPLIED
WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE
QUALITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE,
AND NON-INFRINGEMENT.
WE DO NOT REPRESENT OR WARRANT THAT USE OF THE SERVICES WILL BE
UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE. SOME JURISDICTIONS
RESTRICT OR PROHIBIT CERTAIN WARRANTY DISCLAIMERS, SO PORTIONS OF
THIS DISCLAIMER MAY NOT APPLY TO YOU.
16
Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, OVELYRAX™, OUR PARTNERS,
DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS,
SERVICE PROVIDERS, OR LICENSORS, AND SHOPIFY AND ITS AFFILIATES,
SHALL NOT BE LIABLE FOR ANY INJURY, LOSS, CLAIM, OR DIRECT,
INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES
OF ANY KIND.
THIS INCLUDES, WITHOUT LIMITATION, LOST PROFITS, REVENUE,
SAVINGS, DATA, REPLACEMENT COSTS, OR SIMILAR DAMAGES, WHETHER
ARISING UNDER CONTRACT, TORT INCLUDING NEGLIGENCE, STRICT
LIABILITY, OR ANOTHER THEORY, ARISING FROM YOUR USE OF THE
SERVICES OR PRODUCTS OBTAINED THROUGH THE SERVICES.
THIS LIMITATION ALSO APPLIES TO CLAIMS CONNECTED TO ERRORS OR
OMISSIONS IN CONTENT OR LOSSES ARISING FROM CONTENT OR PRODUCTS
POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE
SERVICES, EVEN IF THE POSSIBILITY OF SUCH DAMAGES HAS BEEN
ADVISED.
You agree to indemnify, defend, and hold harmless Ovelyrax™,
Shopify, and our affiliates, partners, officers, directors,
employees, agents, contractors, licensors, and service providers
from losses, damages, liabilities, claims, and reasonable
attorneys' fees payable to a third party arising from:
-
Your breach of these Terms or documents incorporated by
reference
-
Your violation of applicable law or the rights of another party
-
Your access to or use of the Services
We will notify you of an indemnifiable claim. A delay in notice
will not release you from your obligations unless you are
materially prejudiced by that delay.
We may control the defense and settlement of the claim at your
expense, including the selection of counsel. We will not settle a
claim requiring non-monetary obligations from you without your
consent, which may not be unreasonably withheld.
You agree to cooperate in the defense of indemnified claims,
including by supplying relevant documents.
If any provision of these Terms is determined to be unlawful,
void, or unenforceable, that provision will remain enforceable to
the maximum extent permitted by applicable law.
Any unenforceable portion will be treated as severed from these
Terms without affecting the validity or enforceability of the
remaining provisions.
19
Waiver; Entire Agreement
Our failure to exercise or enforce any right or provision under
these Terms does not constitute a waiver of that right or
provision.
These Terms, together with policies or operating rules posted by
us through the site or relating to the Services, constitute the
entire agreement and understanding between you and Ovelyrax™
regarding use of the Services.
They replace prior or contemporaneous agreements, communications,
and proposals, whether written or oral, including earlier versions
of these Terms.
Any ambiguity in interpreting these Terms will not be construed
against the party that drafted them.
You may not delegate, transfer, or assign this agreement or any
rights or obligations under these Terms without our prior written
approval. An attempted assignment made without such consent will
be null and void.
We may transfer, assign, or delegate these Terms and our rights
and obligations without obtaining your consent or giving prior
notice.
These Terms of Service and any separate agreements under which
Ovelyrax™ provides Services will be governed by and interpreted
in accordance with the federal and state or territorial courts in
the jurisdiction where Ovelyrax™ is headquartered.
You and Ovelyrax™ consent to the venue and personal jurisdiction
of those courts.
Section headings are included solely for convenience and do not
limit, modify, or otherwise affect the meaning or interpretation
of these Terms.
23
Changes to Terms of Service
The latest version of these Terms of Service may be reviewed on
this page at any time.
We may, at our discretion, revise, change, or replace portions of
these Terms by publishing updates or changes on our website.
You are responsible for reviewing the website periodically for
updates.
Where required by applicable law, we will provide notice of
material changes, and those changes will become effective on the
date stated in that notice.
Continued access to or use of the Services after changes are
posted constitutes acceptance of the revised Terms.
Questions concerning these Terms of Service should be sent to:
service@ovelyrax.com
Our contact information is:
Beijing Xiusuofushi Technology Co., Ltd.
No. 1, Building 7, 3rd Floor, North Qing Road,
Changping District, Beijing, 100084