Terms of service
Terms of Service
GENERAL INFORMATION
Welcome to OurVitta! The terms “we,” “us,” and “our” refer to OurVitta. OurVitta operates this store and website, including all information, content, features, tools, products, and related services to provide you, the customer, with a curated shopping experience (the “Services”). OurVitta is powered by Shopify, which enables us to provide the Services.
The following terms and conditions, together with any policies referenced herein (these “Terms of Service” or “Terms”), describe your rights and responsibilities when using the Services.
Please read these Terms of Service carefully, as they contain important information regarding your legal rights and cover areas such as warranties, 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 our Privacy Policy, you must not use or access our Services.
SECTION 1 – ACCESS AND ACCOUNT
By accepting these Terms of Service, you represent that you are at least the legal age of majority in your state or province of residence and have given us your consent to allow any of your minor dependents to use the Services on devices that you own, purchase, or administer.
To use the Services, including accessing or browsing our online stores or purchasing any products or services we offer, you may be required to provide certain information, such as your email address, billing information, payment information, and shipping information.
You represent and warrant that all information you provide to our store is accurate, current, and complete and that you have all necessary rights to provide such information.
You are solely responsible for maintaining the security of your account credentials and for all activity associated with your account. You may not transfer, sell, assign, or license your account to any other person.
SECTION 2 – OUR PRODUCTS
We have made every effort to ensure that our products and services are displayed as accurately as possible in our online store.
However, please note that product colors or appearance may differ from how they appear on your screen depending on the type of device you use to access the store and its settings.
We do not guarantee that the appearance or quality of any product or service you purchase will meet your expectations or be exactly as displayed or presented in our online store.
All product descriptions may be modified at any time without prior notice at our sole discretion.
We reserve the right to discontinue the sale of any product at any time and may limit quantities of any product we offer to any person, geographic region, or jurisdiction on an individual basis.
SECTION 3 – ORDERS
When you place an order, you are making an offer to purchase.
OurVitta reserves the right to accept or reject your order for any reason, at its sole discretion. Your order will not be accepted until OurVitta confirms its acceptance.
We must receive and process your payment before accepting your order.
You should carefully review your order before completing your purchase, as OurVitta may not be able to process a cancellation request after an order has been accepted.
If we do not accept, modify, or cancel an order, we will attempt to notify you by contacting you using the email address, billing address, or phone number you provided when the order was placed.
You may return or exchange your purchase only in accordance with our Refund Policy.
You represent and warrant that your purchase is for personal or household use 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 stated in the order confirmation sent to you by email.
Unless expressly stated otherwise, published prices do not include taxes, shipping, handling, customs duties, or import charges.
Prices displayed in our online stores may differ from prices offered in physical stores, other online stores, or stores operated by third parties.
From time to time, we may offer promotions through the Services that may affect pricing strategies and may be governed by terms and conditions different from these Terms.
If there is a conflict between the terms of a promotion and these Terms, the promotion terms will prevail.
You agree to provide current, complete, and accurate purchase, payment, and account information for all purchases made through our stores.
You agree to promptly update your account and other information, including your email address, credit card numbers, and expiration dates, so that we can complete your transactions and contact you as necessary.
You represent and warrant that:
- The credit card information you provide is true, accurate, and complete.
- You are duly authorized to use the credit card for the purchase.
- The charges you incur will be accepted by your credit card company.
- You will pay all charges incurred at the published prices, including shipping and handling fees and all applicable taxes, if any.
SECTION 5 – SHIPPING AND DELIVERY
We are not responsible for shipping or delivery delays.
All delivery times are estimates only and are not guaranteed.
We are not responsible for delays caused by the shipping carrier, customs procedures, or events beyond our reasonable control.
Once products have been transferred to the shipping carrier, the title and risk of loss may transfer to you, to the extent permitted by applicable law.
SECTION 6 – INTELLECTUAL PROPERTY
Our Services, including but not limited to all trademarks, brands, text, samples, images, graphics, product reviews, videos, audio, and the design, selection, and arrangement thereof, are owned by OurVitta, its affiliates, or licensors and are protected by U.S. and foreign patent, copyright, and other intellectual property laws.
These Terms permit you to use the Services solely for personal and non-commercial purposes.
You may not reproduce, distribute, modify, create derivative works from, publicly display, publicly perform, republish, download, store, or transmit any material from the Services without our prior written consent.
Unless expressly stated otherwise in these Terms, nothing contained herein grants or shall be interpreted as granting you any license or other rights under any patent, trademark, copyright, or other intellectual property of OurVitta, Shopify, or any third party.
Unauthorized use of the Services may constitute a violation of federal and state intellectual property laws.
All rights not expressly granted herein are reserved by OurVitta.
The names, logos, product and service names, designs, and slogans of OurVitta are trademarks of OurVitta or its affiliates or licensors.
You may not use such trademarks without OurVitta's prior written permission.
The Shopify name, logo, product and service names, designs, and slogans are trademarks of Shopify.
All other names, logos, product and service names, designs, and slogans appearing on the Services are trademarks of their respective owners.
SECTION 7 – OPTIONAL TOOLS
We may provide you with access to third-party customer tools as part of the Services that we neither monitor nor control or contribute to.
You acknowledge and agree that we provide access to such tools “as is” and “as available” without warranties, representations, or conditions of any kind and without endorsement.
We shall have no liability arising from or relating to your use of optional third-party tools.
Any use of optional tools offered through the site is entirely at your own risk and discretion, and you should ensure that you are familiar with and approve the terms under which such tools are provided by the relevant third-party providers.
We may also introduce new features through the Services in the future, including new tools and resources. Such new features shall also be considered part of the Services and shall be subject to these Terms of Service.
SECTION 8 – THIRD-PARTY LINKS
The Services may contain materials and hyperlinks to websites provided or operated by third parties, including third-party embedded functionality.
We are not responsible for examining or evaluating the content or accuracy of any third-party materials or websites that you choose to access.
If you decide to leave the Services to access such third-party materials or websites, you do so at your own risk.
We shall not be responsible for any damage or loss related to your access to any third-party website or your purchase or use of any product, service, resource, or content on any third-party website.
Please carefully review the third party's policies and practices and ensure that you understand them before entering into any transaction.
Complaints, claims, concerns, or questions regarding third-party products and services should be directed to the relevant third party.
SECTION 9 – RELATIONSHIP WITH SHOPIFY
OurVitta operates using Shopify technology, which enables us to provide the Services.
However, any sale or purchase made through our store is conducted directly between you and OurVitta.
By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of sales between you and OurVitta, including any injury, damage, or loss resulting from the purchase of products or services.
You expressly release Shopify and its affiliates from any claims, damages, and liabilities arising from or related to your purchase and transaction with OurVitta.
SECTION 10 – PRIVACY POLICY
All personal information we collect through the Services is subject to our Privacy Policy, and certain personal information may also be subject to Shopify's Privacy Policy, which can be found here.
By using the Services, you acknowledge that you have read our 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 our Services.
Information you submit through the Services may be transmitted to and shared with Shopify, as well as third parties that may be located in countries other than the country in which you reside, for the purpose of providing the Services.
Please review our Privacy Policy for more information about how we, Shopify, and our partners use your personal information.
SECTION 11 – COMMENTS
If you submit, upload, publish, email, or otherwise transmit ideas, suggestions, comments, reviews, proposals, plans, or other content (collectively, “Comments”), you grant us a perpetual, worldwide, sublicensable, royalty-free license to use, reproduce, modify, publish, distribute, and display such Comments in any medium for any purpose, including commercial purposes.
For example, we may use our rights under this license to operate, provide, evaluate, improve, optimize, and promote the Services and to comply with our obligations and exercise our rights under these Terms of Service.
You also represent and warrant that:
- You own or otherwise have all necessary rights to the Comments.
- You have disclosed any compensation or incentive received in connection with submitting your Comments.
- Your Comments comply with these Terms.
We have no obligation to:
- Maintain the confidentiality of your Comments.
- Pay compensation for your Comments.
- Respond to your Comments.
We may, but are not obligated to, monitor, edit, or remove Comments that we determine, in our sole discretion, to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, or otherwise objectionable, or that violate any party's intellectual property rights or these Terms of Service.
You agree that your Comments will not infringe any third-party rights, including copyright, trademark, privacy, personality, or other personal or proprietary rights.
You further agree that your Comments will not contain defamatory or otherwise unlawful, abusive, or obscene material, nor contain any computer virus or other malware that could affect the operation of the Services or any related website.
You may not use a false email address, impersonate another person, or otherwise mislead us or third parties as to the origin of any Comment.
You are solely responsible for any Comments you make and their accuracy.
We assume no responsibility or liability for any Comments posted by you or any third party.
SECTION 12 – ERRORS, INACCURACIES, AND OMISSIONS
Occasionally, information on or through the Services may contain typographical errors, inaccuracies, or omissions relating to product descriptions, pricing strategies, promotions, offers, product shipping charges, transit times, and availability.
We reserve the right to correct any errors, inaccuracies, or omissions and to change or update information or cancel orders if any information is inaccurate at any time without prior notice, including after you have submitted your order.
SECTION 13 – PROHIBITED USES
You may access and use the Services only for lawful purposes.
You may not access or use the Services, directly or indirectly:
(a) for any unlawful or malicious purpose;
(b) to violate any international, federal, state, provincial, or local regulation, rule, law, or ordinance;
(c) to infringe or violate our intellectual property rights or the intellectual property rights of others;
(d) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or harm any of our employees or any other person;
(e) to transmit false or misleading information;
(f) to send, knowingly receive, upload, download, use, or reuse any material that does not comply with these Terms;
(g) to transmit or procure the transmission of any advertising or promotional material, including “junk mail,” “chain letters,” “spam,” or any other similar solicitation;
(h) to impersonate or attempt to impersonate any other person or entity; or
(i) to engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Services or that, as determined by us, may harm OurVitta, Shopify, or users of the Services or expose them to liability.
You further agree not to:
(a) upload or transmit viruses or any other type of malicious code that is or may be used in any way that affects the functionality or operation of the Services;
(b) reproduce, duplicate, copy, extract, sell, resell, or exploit any portion of the Services;
(c) collect or track the personal information of others;
(d) spam, phish, pharm, or pretext the Services;
(e) use any robot, spider, scraping tool, data-gathering or extraction tool, device, process, AI tool (including agentic AI), or automated or manual means to access the Services; or
(f) interfere with, circumvent, or bypass security or authorization features, robot exclusion headers, or other measures we use to restrict access to the Services.
We reserve the right to suspend, disable, or terminate your account at any time, without notice, if we determine that you have violated any part of these Terms.
SECTION 14 – AGENTS
14.1
This section (“Agent Terms”) applies if you use, allow, enable, or cause an Agent to be implemented to access, use, or interact with any Service.
“Agent” means any software or service that performs autonomous or semi-autonomous actions on behalf of or at the instruction of any person or entity and that may operate on behalf of or using a person's device without direct supervision.
14.2
No Agent may access, use, or interact with the Services unless, at all times, it identifies itself and operates in strict compliance with the requirements of Section 14.4 below.
Furthermore, no Agent may access, use, or interact with the Services if we have requested that the Agent refrain from accessing, using, or interacting with any Service.
14.3
We may limit, including through technical measures, the access, use, and interaction of any Agent with the Services and how such access, use, or interaction occurs.
14.4
Agents must:
(i) identify that the request originates from an Agent in every HTTP/HTTPS request and disclose the Agent's name by including the following in the request's user-agent string: “Agent/[agent name]”;
(ii) not conceal or create confusion about whether any access, use, or interaction originates from an Agent, including by:
- imitating human behavior or interaction patterns; or
- completing or bypassing CAPTCHAs or measures intended to distinguish computer use from human use;
(iii) truthfully respond to any question or instruction intended to determine whether interactions originate from a human or a computer; and
(iv) not circumvent or otherwise avoid any measure intended to block, limit, modify, or control whether and how Agents access, use, or interact with the Services.
SECTION 15 – TERMINATION
We may terminate this agreement or your access to the Services, or any part thereof, at our sole discretion at any time without notice, and you will remain responsible for all amounts due up to and including the date of termination.
The following sections will survive any termination:
Intellectual Property, Comments, 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 16 – DISCLAIMER OF WARRANTIES
The information presented on or through the Services is provided 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 strictly at your own risk.
We disclaim all liability arising from reliance placed on such materials by you or any other visitor to the Services, or by anyone who may be informed of any of their contents.
UNLESS EXPRESSLY STATED OTHERWISE BY OURVITTA, THE SERVICES AND ALL PRODUCTS OFFERED THROUGH THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” FOR YOUR USE, WITHOUT ANY REPRESENTATIONS, WARRANTIES, OR CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, COMMERCIAL QUALITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE, AND NON-INFRINGEMENT.
WE DO NOT WARRANT, REPRESENT, OR GUARANTEE THAT YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE.
Some jurisdictions limit or do not permit the exclusion of implied or other warranties, so the above disclaimer may not apply to you.
SECTION 17 – LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL OURVITTA, 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, WITHOUT LIMITATION, LOSS OF PROFITS, LOSS OF REVENUE, LOSS OF SAVINGS, LOSS OF DATA, COST OF REPLACEMENT, OR ANY SIMILAR DAMAGES, WHETHER BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, ARISING FROM YOUR USE OF ANY OF THE SERVICES OR ANY PRODUCT PURCHASED THROUGH THE SERVICES, OR FROM ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SERVICES OR ANY PRODUCT, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF THE SERVICES OR ANY CONTENT (OR PRODUCT) POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
SECTION 18 – INDEMNIFICATION
You agree to indemnify, defend, and hold harmless OurVitta, Shopify, and our affiliates, partners, officers, directors, employees, agents, contractors, licensors, and service providers from and against any loss, damage, liability, or claim, including reasonable attorneys' fees, payable to any third party arising out of or resulting from:
- Your breach of these Terms of Service or the documents incorporated herein by reference.
- Your violation of any law or third-party rights.
- Your access to and use of the Services.
We will notify you of any indemnifiable claim, provided that failure to promptly notify you will not relieve you of your obligations unless you suffer material prejudice.
We may control the defense and settlement of such claim at your expense, including the selection of counsel, but we will not settle any claim that imposes non-monetary obligations on you without your consent, which shall not be unreasonably withheld.
You agree to cooperate in the defense of indemnification claims, including by providing relevant documents.
SECTION 19 – SEVERABILITY
If any provision of these Terms of Service is determined to be unlawful, void, or unenforceable, such provision shall nevertheless be enforceable to the maximum extent permitted by applicable law, and the unenforceable portion shall be deemed severed from these Terms of Service.
Such determination shall not affect the validity and enforceability of the remaining provisions.
SECTION 20 – WAIVER; ENTIRE AGREEMENT
Our failure to exercise or enforce any right or provision of these Terms of Service 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 or with respect to the Services constitute the entire agreement and understanding between you and us and govern your use of the Services, superseding any prior or contemporaneous agreements, communications, and proposals, whether oral or written, between you and us, including any previous version of the Terms of Service.
Any ambiguity in the interpretation of these Terms of Service shall not be construed against the drafting party.
SECTION 21 – ASSIGNMENT
You may not delegate, transfer, or assign this agreement or any of your rights or obligations under these Terms without our prior written consent, and 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 to you.
SECTION 22 – GOVERNING LAW
These Terms of Service and any separate agreement under which we provide Services to you shall be governed by and interpreted in accordance with the federal and state or territorial courts of the jurisdiction where OurVitta is headquartered.
You and OurVitta agree to the jurisdiction and personal jurisdiction of such courts.
SECTION 23 – HEADINGS
The headings used in this agreement are included for convenience only and shall not limit or otherwise affect these Terms.
SECTION 24 – CHANGES TO THE TERMS OF SERVICE
You may 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 by posting updates and changes on our website.
It is your responsibility to periodically review our website for changes.
We will notify you of any material changes to these Terms as required by applicable law, and such changes will become effective on the date specified in the notice.
Your continued use of or access to the Services following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
SECTION 25 – CONTACT INFORMATION
Questions about the Terms of Service should be sent to:
Our contact information is:
OurVitta
Email: supportourvitta@gmail.com