Terms of service

Terms of Service – HOPLA

OVERVIEW
Welcome to HOPLA! The terms "we", "us" and "our" refer to HOPLA. HOPLA operates this store and website, including all related information, content, features, tools, products and services, to offer you, the customer, a personalized shopping experience (the "Services"). HOPLA's Services are made possible through Shopify, allowing us to deliver the Services to you.
The following terms and conditions, including all policies referenced herein (the "Terms of Service" or "Terms"), describe your rights and responsibilities when using the Services.
Please read these Terms of Service carefully. They contain important information about your legal rights and cover topics such as 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 [LINK]. If you do not agree to these Terms of Service or the Privacy Policy, you are not permitted to access or use our Services.

SECTION 1 - ACCESS AND ACCOUNT
By agreeing to these Terms of Service, you represent that you are of legal age under the laws of the state or province in which you reside, and that you have given us permission to allow any minor dependents to use the Services on devices you own, purchase, or manage.
To use the Services, including browsing our store or purchasing products or services we offer, we may ask you to provide certain information, such as your email address and billing, payment, and shipping details. You represent and warrant that all information you provide in our store is accurate, current, and complete, and that you have all necessary rights to provide this information.
You are solely responsible for maintaining the security of your account credentials and for all activity under your account. You may not transfer, sell, assign, or license your account to anyone else.

SECTION 2 - OUR PRODUCTS
We strive to provide the most accurate possible descriptions of our products and services in our store. However, please note that colors and product appearance may differ from how they are displayed on your screen. This depends on the type of device you use to access the store and its settings and configuration.
We do not guarantee that the appearance or quality of the products or services you purchase will meet your expectations or match the display or description in our store.
All product descriptions may be changed at any time and without prior notice, at our sole discretion. We reserve the right to discontinue the sale of any product at any time and may limit the quantities of products offered per 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. HOPLA reserves the right to accept or refuse your order at our discretion for any reason. Your order is only accepted once HOPLA has confirmed it. We must have received and processed your payment before your order is accepted. Please review your order carefully before submitting it. HOPLA may not be able to honor a cancellation request once your order has been accepted. If we do not accept, modify, or cancel an order, we will attempt to notify you via the email address, billing address, and/or phone number provided during checkout.
Purchases may only be returned or exchanged in accordance with our Refund Policy.
You represent and warrant that your purchases are intended for personal or household use, and not for commercial resale or export.

SECTION 4 - PRICING AND BILLINGPrices, discounts, and promotions may change without prior notice. The price charged for a product or service is the price in effect at the time you place your order. This price will be reflected in the confirmation email you receive after ordering. Unless expressly stated otherwise, listed prices exclude taxes, shipping costs, handling fees, customs duties, and import charges.
Prices displayed in our store may differ from prices in physical stores or third-party operated stores or websites. We may occasionally offer promotions that affect pricing, subject to terms separate from these Terms. In case of any discrepancy between promotional terms and these Terms, the promotional terms take precedence.
You agree to provide current, complete, and accurate purchase, payment, and account information for all purchases made in our store. You agree to promptly update your account and other information, including your email address, credit card numbers, and expiration dates, so we can complete your transactions and contact you as needed.
You represent and warrant that (i) the credit card information you provide is true, correct, and complete; (ii) you are authorized to use the credit card for purchases; (iii) charges will be honored by your credit card company; and (iv) you will pay the charges incurred at the listed prices, including shipping, handling fees, and applicable taxes.

SECTION 5 - SHIPPING AND DELIVERY
We are not liable for delays in shipping and delivery. All stated delivery times are estimates only and are not guaranteed. We are not liable for delays caused by carriers, customs processing, or events beyond our control. Once we hand off products to the carrier, ownership and risk of loss transfer to you.

SECTION 6 - INTELLECTUAL PROPERTY
Our Services, including but not limited to all trademarks, brands, text, displays, images, graphics, product reviews, video and audio content, and their design, selection, and arrangement, are owned by HOPLA, its affiliates, or licensors, and are protected by patent, copyright, and intellectual property law in the United States and other countries.
These Terms permit you to use the Services solely for personal, non-commercial purposes. You may not reproduce, distribute, modify, create derivative works from, publicly display, publicly perform, republish, download, store, or transmit any material within the Services without our prior written consent. Except as expressly stated in these Terms, nothing herein grants you a license or other rights under any patent, trademark, copyright, or other intellectual property of HOPLA, Shopify, or any third party. Unauthorized use of the Services may constitute a violation of federal and national intellectual property laws. All rights not expressly granted in these Terms are reserved by HOPLA.
HOPLA's names, logos, product names, service names, design elements, and slogans are trademarks of HOPLA or its affiliates or licensors. You may not use such trademarks without prior written permission from HOPLA. Shopify's name, logo, product names, service names, design elements, and slogans are trademarks of Shopify. All other names, logos, product names, service names, design elements, and slogans within the Services are trademarks of their respective owners.

SECTION 7 - OPTIONAL TOOLS
You may be given access to third-party tools within the Services. We do not monitor or control these tools.
You acknowledge and agree that we provide access to such tools "as is" and "as available", without any warranties, representations, or conditions of any kind, and without endorsement. We shall have no liability whatsoever for damages arising from or related to your use of optional third-party tools.
You use any optional tools offered through the site entirely at your own risk and discretion. You must ensure you are aware of and agree to the terms under which such tools are provided by the relevant third party.
We may offer new features through the Services in the future (including new tools and resources). Such new features will also be considered part of the Services and subject to these Terms of Service.

SECTION 8 - LINKS TO THIRD PARTIES

The Services may contain materials and hyperlinks to websites operated by third parties (including any embedded third-party functionality). We are not responsible for examining or evaluating the content or accuracy of third-party materials or websites you may access. If you choose to leave the Services to access such third-party materials or sites, you do so at your own risk.
We are not liable for any damages or adverse consequences related to your visit to third-party websites, or your purchase or use of products, services, resources, or content on third-party websites. Please carefully read and understand the policies and practices of any third party before engaging in a transaction. Complaints, claims, concerns, or questions about third-party products and services should be directed to that third party.
SECTION 9 - RELATIONSHIP WITH SHOPIFY
HOPLA uses Shopify to deliver the Services to you. However, all sales and purchases made in our store are handled directly with HOPLA. By using the Services, you acknowledge and agree that Shopify is not responsible for any sales-related aspect between you and HOPLA, including injury, damage, or loss resulting from purchased products and services. You hereby release Shopify and its affiliates from all claims, damages, and liabilities arising from or related to your purchases with and transactions with HOPLA.

SECTION 10 - PRIVACY POLICY

Any personal information we collect through the Services is subject to our Privacy Policy, available here [LINK]. Certain personal information may also be subject to Shopify's Privacy Policy, available here. By using the Services, you confirm you have read the applicable Privacy Policy.
Because the Services are hosted by Shopify, Shopify collects and processes personal information about your access to and use of the Services in order to provide and improve the Services. Information you submit through the Services is forwarded to and shared with Shopify, as well as with third parties who may be located in countries other than where you reside, in order to provide you with services. Please read our Privacy Policy [LINK] for more information on how we, Shopify, and our partners use your personal information.

SECTION 11 - FEEDBACK
If you submit, upload, post, email, or otherwise transmit ideas, suggestions, feedback, reviews, proposals, plans, or other content (collectively, "Feedback"), you grant us a perpetual, worldwide, sublicensable, royalty-free license to use, reproduce, modify, publish, distribute, and display such Feedback in any medium for any purpose, including commercial use. We may use our rights under this license to perform, deliver, evaluate, improve, and promote the Services, and to fulfill our obligations and exercise our rights under the Terms of Service.
You further represent and warrant that (i) you own all Feedback or hold all rights necessary to it; (ii) you have disclosed any compensation or incentives received in connection with submitting Feedback; and (iii) your Feedback complies with these Terms. We are under no obligation to (1) keep your Feedback confidential; (2) pay compensation for your Feedback; or (3) respond to your Feedback.
We may, but are not obligated to, monitor, edit, or remove Feedback that we determine, in our sole discretion, to be unlawful, offensive, threatening, defamatory, abusive, pornographic, obscene, or otherwise objectionable, or that infringes any party's intellectual property rights or these Terms.
You agree that your Feedback does not infringe the rights of any third party, including copyright, trademark, privacy rights, publicity rights, and other personal or proprietary rights. You further agree that your Feedback does not contain defamatory or otherwise unlawful, abusive, or obscene material, nor computer viruses or other malware that could affect the operation of the Services or related websites. You may not use a false email address, impersonate anyone, or otherwise mislead us or third parties regarding the origin of your Feedback. You are solely responsible for the Feedback you submit and its accuracy. We are not responsible and accept no liability for Feedback posted by you or any third party.

SECTION 12 - ERRORS, INACCURACIES, AND OMISSIONS
Occasionally, information provided in or through the Services may contain typographical errors, inaccuracies, or omissions related to product descriptions, pricing, promotions, offers, shipping costs, transit times, and availability. We reserve the right to correct any errors, inaccuracies, or omissions, and to change or update information at any time. We may also cancel orders if relevant information is inaccurate, at any time and without prior notice (including after you have placed an order).

SECTION 13 - PROHIBITED USES

You may only use the Services for lawful purposes. You may not access or use the Services, directly or indirectly, (a) for unlawful or harmful activities; (b) to violate any international, national, federal, or provincial laws, regulations, or local ordinances; (c) to infringe our intellectual property rights or those of others; (d) to harass, abuse, insult, harm, defame, disparage, or intimidate our employees or others; (e) to submit false or misleading information; (f) to knowingly transmit, receive, upload, download, use, or reuse material that does not comply with these Terms; (g) to send or facilitate the sending of promotional or advertising material, including junk mail, chain letters, spam, or similar methods; (h) to impersonate or attempt to impersonate another person or entity; or (i) to otherwise engage in activity that restricts or prevents others' use of the Services, or that we determine may be harmful to HOPLA, Shopify, or users of the Services, or exposes them to liability.
Additionally, you agree not to: (a) upload or transmit viruses or other malicious code that affects or may affect the functionality of the Services; (b) reproduce, duplicate, copy, sell, resell, or exploit any part of the Services; (c) collect or track personal information of others; (d) engage in spamming, phishing, pharming, pretexting, spidering, crawling, or scraping; and (e) interfere with or circumvent the security features of the Services, related websites, other websites, or the internet. We reserve the right to suspend, disable, or terminate your account at any time and without notice if we determine you have violated these Terms.

SECTION 14 - TERMINATION
We may terminate this agreement or your access to the Services (or any part thereof) at our sole discretion, at any time and without notice. You remain liable for all amounts owed up to and including the date of termination.
The following sections survive termination: Intellectual Property, Feedback, Termination, Disclaimer of Warranties, Limitation of Liability, Indemnification, Severability, Waiver; Entire Agreement, Assignment, Governing Law, Privacy Policy, and any other provisions that by their nature should survive termination.
SECTION 15 - DISCLAIMER OF WARRANTIES

The information provided in or through the Services is for general informational purposes only. We do not guarantee the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is at your own risk. We disclaim all liability and responsibility arising from reliance placed on such information by you, other visitors to the Services, or anyone informed of its contents.
UNLESS EXPRESSLY STATED BY HOPLA, THE SERVICES AND ALL PRODUCTS OFFERED THROUGH THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" FOR YOUR USE, WITHOUT ANY REPRESENTATION, WARRANTIES, OR CONDITIONS OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF IMPLIED WARRANTIES, SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.

SECTION 16 - LIMITATION OF LIABILITY
TO THE EXTENT PERMITTED BY LAW, IN NO EVENT SHALL HOPLA, OUR PARTNERS, DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, SERVICE PROVIDERS, OR LICENSORS, OR THOSE OF SHOPIFY AND ITS AFFILIATES, BE LIABLE FOR ANY INJURY, LOSS, CLAIM, OR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO 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 THE SERVICES OR ANY PRODUCTS PURCHASED THROUGH THE SERVICES, OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SERVICES OR A PRODUCT, INCLUDING BUT NOT LIMITED TO ERRORS OR OMISSIONS IN CONTENT, OR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF THE SERVICES OR CONTENT (OR PRODUCT) POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

SECTION 17 - INDEMNIFICATION
You agree to indemnify, defend, and hold harmless HOPLA, Shopify, and our affiliates, partners, officers, directors, employees, agents, contractors, licensors, and service providers from any costs related to losses, damages, liabilities, or claims, including reasonable legal fees, owed to a third party arising from or related to (1) your breach of these Terms of Service or documents incorporated by reference; (2) your violation of any law or the rights of a third party; or (3) your access to and use of the Services.
We will notify you of any claim giving rise to indemnification, provided that failure to provide timely notice will not relieve you of your obligations unless you are materially prejudiced as a result. We may arrange the defense and settlement of such a claim at your expense, including engaging legal counsel, but will not settle claims requiring non-monetary obligations from you without your consent (which you may not unreasonably withhold). You are required to cooperate in the defense of claims giving rise to indemnification, including by providing relevant documents.

SECTION 18 - SEVERABILITY
If any provision of these Terms of Service is found to be unlawful, void, or unenforceable, that provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed severed from these Terms of Service. Such a determination shall not affect the validity and enforceability of the remaining provisions.

SECTION 19 - WAIVER; ENTIRE AGREEMENT
Our failure to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of that right or provision.
These Terms of Service, together with any policies or operating rules posted by us on this site or in connection with the Service, constitute the entire agreement and understanding between you and us and govern your use of the Service. These Terms supersede all prior or contemporaneous agreements, communications, and proposals, whether oral or written, between you and us (including but not limited to prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

SECTION 20 - ASSIGNMENT
You may not delegate, transfer, or assign this Agreement, or your rights or obligations under these Terms, without our prior written consent. Any attempt to do so shall be void. We may transfer, assign, or delegate these Terms and our rights and obligations without your consent or notice.

SECTION 21 - GOVERNING LAW
These Terms of Service and any separate agreements under which we provide Services to you shall be governed by and interpreted in accordance with the federal and state or provincial laws and courts of the jurisdiction in which HOPLA has its principal place of business. You and HOPLA consent to the jurisdiction and personal jurisdiction of the relevant courts.

SECTION 22 - HEADINGS
The headings used in this agreement are for convenience only and do not limit or otherwise affect these Terms.

SECTION 23 - CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service 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 Service. Updates and changes will be posted on our website. It is your responsibility to check our website periodically for changes. We will notify you of material changes to these Terms in accordance with applicable law. Such changes take effect on the date specified in the notice. Your continued access to or use of the Services after changes to these Terms of Service have been posted constitutes your acceptance of those changes.

SECTION 24 - CONTACT INFORMATION
Questions about the Terms of Service can be directed to us at support@hoplaclothing.com.
Our contact details are below:
HOPLA
support@hoplaclothing.com