Terms of service
TERMS OF SERVICE
This website is operated by Hybernate LLC. Throughout the site, the terms “we”, “us” and “our” refer to Hybernate LLC. By visiting our site and/or purchasing something from us, you engage in our Service and agree to be bound by the following Terms of Service (“Terms”), including those additional terms and policies referenced herein.
Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.
SECTION 1 – ONLINE STORE TERMS
By using this site, you represent that you are at least the age of majority in your state of residence. You may not use our products for any illegal or unauthorized purpose or violate any applicable laws.
SECTION 2 – GENERAL CONDITIONS
We reserve the right to refuse service to anyone for any reason at any time. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service without express written permission.
SECTION 3 – ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
Information on this site is provided for general purposes only and may not always be current or complete. Any reliance on such information is at your own risk.
SECTION 4 – MODIFICATIONS TO THE SERVICE AND PRICES
Prices and services are subject to change without notice. We are not liable for any modification, price change, suspension or discontinuance of the Service.
SECTION 5 – PRODUCTS
Certain products may be available exclusively online and may have limited quantities. All products are subject to our Refund Policy.
We make every effort to display product colours and images accurately; however, we cannot guarantee your device’s display is accurate.
You acknowledge that product images are for illustrative purposes only and that variations may occur due to lighting, screen settings and the nature of natural fibres. Our garments are made from natural materials, including cotton, which may exhibit slight variations in texture and finish.
We reserve the right to limit sales, quantities or discontinue products at any time.
SECTION 6 – SHIPPING AND DELIVERY
Delivery timeframes are estimates only and are not guaranteed. We are not responsible for delays caused by shipping carriers, customs processes or events outside our reasonable control.
Risk of loss and title for products pass to you upon delivery to the shipping carrier. We are not liable for lost, stolen or delayed shipments once the order has been transferred to the carrier.
You are responsible for providing accurate shipping information. We are not liable for delivery issues arising from incorrect information provided by you.
For international orders, you are responsible for any applicable duties, taxes or import fees.
SECTION 7 – ORDERS
We reserve the right to accept, refuse or cancel any order at our sole discretion, including where we suspect fraud, unauthorized resale, or pricing errors.
If an order is cancelled after payment, a refund will be issued to the original payment method.
We may limit quantities purchased per customer, household or order.
SECTION 8 – BILLING AND ACCOUNT INFORMATION
You agree to provide current, complete and accurate purchase and account information. We may refuse or cancel orders where such information is inaccurate or incomplete.
SECTION 9 – OPTIONAL TOOLS
We may provide access to third-party tools “as is” without warranties or liability.
SECTION 10 – THIRD-PARTY LINKS
We are not responsible for third-party websites or materials.
SECTION 11 – USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
You agree that we may use any comments or submissions without restriction.
SECTION 12 – PERSONAL INFORMATION
Your submission of personal information is governed by our Privacy Policy.
SECTION 13 – ERRORS, INACCURACIES AND OMISSIONS
We reserve the right to correct errors, inaccuracies or omissions and to cancel orders if necessary.
SECTION 14 – PROHIBITED USES
You may not use the site for unlawful purposes or violate any applicable laws.
SECTION 15 – DISCLAIMER OF WARRANTIES
TO THE FULLEST EXTENT PERMITTED BY LAW, THE SERVICE AND ALL PRODUCTS ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
SECTION 16 – LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY LAW, HYBERNATE SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, INCLUDING LOSS OF PROFITS, REVENUE OR DATA, ARISING FROM YOUR USE OF THE SERVICE OR PRODUCTS.
OUR TOTAL LIABILITY SHALL NOT EXCEED THE AMOUNT PAID BY YOU FOR THE PRODUCT GIVING RISE TO THE CLAIM.
SECTION 17 – INDEMNIFICATION
You agree to indemnify and hold harmless Hybernate from any claims arising out of your breach of these Terms or violation of any law.
SECTION 18 – SEVERABILITY
If any provision is deemed unenforceable, the remaining provisions remain in effect.
SECTION 19 – TERMINATION
We may terminate your access to the Service at any time without notice if you breach these Terms.
SECTION 20 – GOVERNING LAW
These Terms shall be governed by and construed in accordance with the laws of the State of Wyoming, United States, without regard to conflict of law principles.
SECTION 21 – CHANGES TO TERMS
We may update these Terms at any time. Continued use of the site constitutes acceptance of those changes.
SECTION 22 – ACCESSIBILITY
Hybernate is committed to making our website accessible to all users. We aim to meet Web Content Accessibility Guidelines (WCAG) 2.1 Level AA standards.
If you experience any difficulty accessing our website or require content in an alternative format, please contact us at hello@hybernate.com and we will do our best to assist you.
SECTION 23 – CONTACT INFORMATION
Questions about the Terms should be sent to us at hello@hybernate.com.
