Servicevilkår

Overview

Welcome to WinterHeaven! The terms “we,” “us,” and “our” refer to WinterHeaven. WinterHeaven operates this store and website, including all related information, content, features, tools, products, and services, to provide you, the customer, with a curated shopping experience (the “Services”). WinterHeaven is powered by Shopify Inc., Shopify Commerce Singapore Pte. Ltd., or Shopify International Limited, depending on where WinterHeaven is located, enabling us to provide the Services to you.

The following terms and conditions, together with any policies referenced herein (these “Terms of Service”), describe your rights and responsibilities when using the Services. Please read these Terms of Service carefully, as they contain important information about your legal rights and cover matters such as warranty 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 should not use or access our Services. These Terms of Service do not limit any rights you may have under applicable consumer protection laws or other statutory rights that cannot be waived by agreement.

1. Access and Account

By agreeing to these Terms of Service, you represent that you have reached at least the age of majority in your state or province of residence and have given us your consent to allow any minors under your care to use the Services on devices you own, purchase, or manage.

To use the Services, including accessing or browsing our online store or purchasing any products or services we offer, you may be asked to provide certain information, such as your email address and billing, payment, and shipping information. 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 such information.

You are solely responsible for maintaining the security of your account credentials and for all activity that occurs under your account. You may not transfer, sell, assign, or license your account to another person.

2. Our Products

We have made every effort to provide as accurate a representation of our products and services as possible in our online store. However, please note that product colors and appearance may differ from how they appear on your screen due to the type of device you use to access the store and your device settings and configuration.

We do not guarantee that the appearance or quality of any products or services purchased by you will meet your expectations or exactly match the descriptions or images presented in our online store.

All product descriptions may be changed at any time without prior notice at our sole discretion. We reserve the right to discontinue any product at any time and may, on a case-by-case basis, limit the quantities of products we offer to any person, geographic region, or jurisdiction.

3. Orders

When you place an order, you offer to purchase the products and authorize us and our payment processors to charge your selected payment method for the total order amount.

WinterHeaven reserves the right to accept or reject your order for any reason at our sole discretion, subject to applicable law. Your order is not accepted until WinterHeaven confirms it. We must receive and process your payment before your order can be accepted.

Please review your order carefully before submitting it, as WinterHeaven may be unable to accommodate cancellation requests after an order has been accepted.

If we do not accept, modify, or cancel an order, we may attempt to notify you by contacting the email address, billing address, and/or telephone number provided when the order was placed.

Your purchases may only be returned or exchanged in accordance with our Returns and Refunds Policy. This does not limit any rights you may have under applicable law.

You represent and warrant that your purchases are intended for your own personal or household use and not for commercial resale or export.

4. Prices and Billing

Prices, discounts, and promotions are subject to change without notice. The price charged for a product or service is the price in effect when the order is placed and will be stated in your order confirmation email.

Unless expressly stated otherwise, listed prices do not include taxes, shipping, handling, customs duties, or import fees.

Prices published in our online store may differ from prices offered in physical stores or in online stores and other stores operated by third parties.

From time to time, we may offer promotions through the Services that affect pricing and are governed by separate terms and conditions. If there is a conflict between the terms of a promotion and these Terms of Service, the promotion terms will prevail.

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 that we can complete your transactions and contact you when necessary.

You represent and warrant that:

1. You are authorized to use the payment method you provide.

2. The information you provide for that payment method is true, accurate, and complete.

3. Charges incurred by you will be paid by your payment method provider.

4. You will pay all charges incurred at the stated prices, including shipping and handling fees and any applicable taxes.

5. Shipping and Delivery

Unless otherwise stated, we are not responsible for shipping and delivery delays. All delivery times are estimates only and are not guaranteed.

We are not responsible for delays caused by shipping carriers, customs processing, or events beyond our control.

To the extent permitted by applicable law, ownership of products and the risk of loss transfer to you when we hand the products over to the carrier, unless applicable law provides otherwise.

We are not responsible for delays or failures caused by events beyond our reasonable control, including carrier or customs delays, natural disasters, extreme weather, labor disputes, supply shortages, power or telecommunications outages, cyber incidents, government actions, or similar events.

For more information, please see our Shipping Policy.

6. Intellectual Property

Our Services, including but not limited to all trademarks, text, images, graphics, product reviews, videos, and audio, are owned by WinterHeaven, its affiliates, or its licensors and are protected by United States and international trademark, copyright, and other intellectual property laws.

Product listings are likewise managed and owned by WinterHeaven.

Purchasing or receiving a product does not grant or transfer any intellectual property rights, including patents, copyrights, trademarks, or other proprietary rights in or to the product, its design, software, or underlying technology. All such rights remain exclusively with WinterHeaven or the original rights holder.

These Terms of Service permit you to use the Services only for your personal, non-commercial use. 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.

Except as expressly stated herein, nothing in these Terms of Service grants or should be interpreted as granting you any license or other rights to any patents, trademarks, copyrights, or other intellectual property owned by WinterHeaven, Shopify, or any third party.

Unauthorized use of the Services may violate applicable intellectual property or other laws. All rights not expressly granted herein are reserved by WinterHeaven.

WinterHeaven’s name, logos, product and service names, designs, and slogans are trademarks of WinterHeaven, its affiliates, or its licensors. You may not use these trademarks without WinterHeaven’s prior written permission.

Shopify’s 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 in the Services are trademarks of their respective owners.

7. Optional Tools

You may be given access to third-party tools through 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 accept no liability arising from or relating to your use of optional third-party tools.

Any use of optional tools offered through the website is entirely at your own risk and discretion. You should ensure that you understand and agree to the terms provided by the relevant third-party provider or providers.

We may also introduce 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 will be subject to these Terms of Service.

8. Third-Party Links

The Services may contain materials and hyperlinks to websites provided or operated by third parties, including embedded third-party functionality.

We are not responsible for examining or evaluating the content or accuracy of third-party materials or websites you choose to visit. If you leave the Services to access such materials or third-party websites, you do so at your own risk.

We are not liable for any damages or losses related to your access to third-party websites or your purchase or use of products, services, resources, or content available on third-party websites.

Please carefully review third-party policies and practices and make sure 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.

9. Relationship with Shopify

WinterHeaven is powered by Shopify, which enables us to provide the Services to you. When you use the Services, your device communicates with Shopify’s systems to deliver the Services.

Section 10 explains how Shopify uses and processes information from these interactions.

However, all purchases and sales made through our store are conducted directly with WinterHeaven.

By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of sales between you and WinterHeaven, including personal injury, property damage, or losses resulting from purchased products and services.

You expressly release Shopify and its affiliates from all claims, damages, and liabilities arising from or relating to your purchases and transactions with WinterHeaven.

10. Privacy Policy

Our Privacy Policy explains how we may collect, use, and share certain personal information collected through your use of the Services. By using the Services, you acknowledge that you have read this Privacy Policy.

Because the Services are hosted by Shopify, Shopify collects, uses, processes, and stores personal information about your access to and use of the Services, including information about your transactions and your browsing and interactions with the Services.

Shopify may use this information for purposes including, but not limited to, providing, securing, and improving the Services, processing transactions, and helping prevent fraud on this website and other websites operated by Shopify.

Information collected when you visit or use the Services, including information automatically collected about your browsing activity, may be transferred to and shared with Shopify and third parties that may be located in countries other than your country of residence for the purpose of providing services to you.

Please read our Privacy Policy and Shopify’s Privacy Policy for more information about how we, Shopify, and our partners use your personal information.

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 and for any purpose, including commercial purposes.

For example, we may use our rights under this license to operate, provide, evaluate, enhance, improve, and promote the Services and to fulfill our obligations and exercise our rights under these Terms of Service.

You also represent and warrant that:

1. You own or have all necessary rights to the Feedback.

2. You have disclosed any compensation or incentives received in connection with submitting the Feedback.

3. Your Feedback complies with these Terms of Service.

We have no obligation to (a) keep your Feedback confidential, (b) pay compensation for your Feedback, or (c) respond to your Feedback.

We may, but are not obligated to, monitor, edit, or remove Feedback that we determine, at our sole discretion, to be unlawful, offensive, threatening, abusive, defamatory, pornographic, obscene, or otherwise objectionable, or that infringes any party’s intellectual property rights or violates these Terms of Service.

You agree that your Feedback will not violate any third-party rights, including copyrights, trademarks, privacy rights, personality rights, or other personal or proprietary rights.

You further agree that your Feedback will not contain defamatory or otherwise unlawful, abusive, or obscene material, or any computer virus or other malicious software 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 about the origin of any Feedback.

You are solely responsible for any Feedback you submit and its accuracy. We accept no responsibility or liability for Feedback posted by you or any third party.

12. Errors, Inaccuracies, and Omissions

Occasionally, information in or relating to the Services may contain typographical errors, inaccuracies, or omissions concerning product descriptions, pricing, promotions, offers, shipping charges, delivery 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, even after an order has been submitted.

If we cancel an order after payment has been received, we will issue any refund required by applicable law.

13. Prohibited Uses

13.1

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 harmful purpose.

(b) To violate any international, federal, regional, state, or local regulations, rules, or laws.

(c) To infringe or violate our intellectual property rights or those of others.

(d) To harass, abuse, insult, harm, defame, slander, disparage, or intimidate any of our employees or any other person.

(e) To submit false or misleading information.

(f) To send, knowingly receive, upload, download, use, or reuse any material that does not comply with these Terms of Service.

(g) To transmit or facilitate the transmission of advertising or promotional material, including junk mail, chain letters, spam, or similar solicitations.

(h) To impersonate or attempt to impersonate another person or entity.

(i) To engage in any other conduct that restricts or prevents anyone from using or enjoying the Services, or that, in our judgment, may harm WinterHeaven, Shopify, or users of the Services, or expose them to liability.

13.2

In addition, you agree not to:

(a) Upload or transmit viruses or any other type of malicious code that may affect the functionality or operation of the Services.

(b) Reproduce, duplicate, copy, extract, sell, resell, or exploit any part of the Services.

(c) Collect or track the personal information of others.

(d) Send spam, phish, use pharming, or employ false pretenses to access the Services.

(e) Use robots, spiders, scraping, data collection or extraction tools, automated devices or processes, AI tools (such as agentic AI), or automated or manual means to access the Services.

(f) Interfere with, circumvent, or attempt to 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 prior notice if we determine that you have violated any part of these Terms of Service.

14. Agents

14.1

This section (“Agent Terms”) applies if you use, permit, enable, or cause an agent to access, use, or interact with any Services.

An “agent” means any software or service that acts autonomously or semi-autonomously on behalf of, or at the direction of, a person or entity and can operate on or through a person’s device without direct supervision.

14.2

No agent may access, use, or interact with the Services unless it continuously identifies itself and operates in strict compliance with the requirements in Section 14.4 below.

Furthermore, no agent may access, use, or interact with the Services if we have requested that the agent refrain from doing so.

14.3

We may restrict, including through technical measures, whether and how an agent may access, use, and interact with the Services.

14.4

Agents must:

(a) Identify in all HTTP/HTTPS requests that the request comes from an agent and specify the agent’s name by including the following in the request’s user-agent string: “Agent/[agent name]”.

(b) Not conceal or disguise that access, use, or interaction is coming from an agent, including by (i) mimicking human behavior and interaction patterns or (ii) completing or bypassing bot filters or measures designed to distinguish computer use from human use.

(c) Answer truthfully any questions or prompts intended to determine whether interactions are coming from a human or a computer.

(d) Not circumvent or otherwise evade any measure intended to block, restrict, modify, or control whether and how agents may access, use, or interact with the Services.

15. Termination

We may terminate this agreement or your access to the Services, or any part thereof, at any time at our sole discretion without notice. You will remain responsible for all amounts due up to and including the date of termination.

The following sections will 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.

16. Disclaimer of Warranties

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 entirely at your own risk.

We disclaim all liability arising from any reliance placed on such material by you, any other visitor to the Services, or anyone who may have been informed of its contents.

EXCEPT AS EXPRESSLY STATED BY WINTERHEAVEN, THE SERVICES AND ALL PRODUCTS OFFERED THROUGH THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” FOR YOUR USE, WITHOUT REPRESENTATIONS, WARRANTIES, OR CONDITIONS OF ANY KIND, EITHER 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, REPRESENT, OR PROMISE THAT YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE.

SOME JURISDICTIONS RESTRICT OR DO NOT ALLOW DISCLAIMERS OF IMPLIED OR OTHER WARRANTIES, SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.

17. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL WINTERHEAVEN, 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.

THIS INCLUDES, WITHOUT LIMITATION, LOST PROFITS, LOST REVENUE, LOST SAVINGS, LOSS OF DATA, REPLACEMENT COSTS, OR SIMILAR DAMAGES, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, ARISING FROM YOUR USE OF ANY OF THE SERVICES OR PRODUCTS PURCHASED THROUGH THE SERVICES, OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SERVICES OR ANY PRODUCT.

THIS INCLUDES, BUT IS NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND ARISING FROM 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.

NOTHING IN THESE TERMS OF SERVICE EXCLUDES OR LIMITS LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

18. Indemnification

You agree to indemnify, defend, and hold harmless WinterHeaven, Shopify, and our affiliates, partners, officers, directors, employees, agents, contractors, licensors, and service providers from any losses, damages, liabilities, or claims, including reasonable attorneys’ fees, paid to a third party arising from or relating to:

1. Your breach of these Terms of Service or the documents incorporated by reference.

2. Your violation of any law or third-party rights.

3. Your access to and use of the Services.

We will notify you of any indemnifiable claim, provided that failure to notify you promptly will not relieve you of your obligations unless you are materially prejudiced.

We may control the defense and settlement of such a claim at your expense, including the selection of legal counsel, but we will not settle any claim that requires non-monetary obligations from you without your consent, which shall not be unreasonably withheld.

You will cooperate in the defense of indemnifiable claims, including by providing relevant documents.

19. Severability

If any provision of these Terms of Service is determined to be unlawful, invalid, or unenforceable, that provision will nevertheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion will be deemed severed from these Terms of Service.

Such a determination will not affect the validity and enforceability of the remaining provisions.

Nothing in these Terms of Service limits your rights under applicable consumer protection laws or other laws that cannot be waived by agreement. If any part of these Terms conflicts with such rights, those rights will prevail.

20. Waiver; Entire Agreement

Our failure to exercise or enforce any right or provision of these Terms of Service will 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 website or relating to the Services, constitute the entire agreement and understanding between you and us and govern your use of the Services.

They supersede all prior or contemporaneous agreements, communications, and proposals, whether oral or written, between you and us, including previous versions of the Terms of Service.

Any ambiguities in the interpretation of these Terms of Service shall not be construed against the party that drafted them.

21. Assignment

You may not delegate, transfer, or assign this agreement or any of your rights or obligations under these Terms of Service without our prior written consent. Any such attempt will be void.

We may transfer, assign, or delegate these Terms of Service and our rights and obligations without your consent or notice to you.

22. Governing Law

These Terms of Service are governed by the laws of the jurisdiction in which WinterHeaven has its headquarters or is registered, without regard to conflict-of-law principles.

You and WinterHeaven consent to the jurisdiction and venue of the courts located in that jurisdiction, except where prohibited by applicable law. You and WinterHeaven consent to the jurisdiction and personal jurisdiction of those courts.

Nothing in this section limits any rights you may have to bring claims in your local courts or rely on mandatory laws applicable where you reside.

23. Translations

These Terms of Service may be available in languages other than English.

In the event of any inconsistency or conflict between these English Terms of Service and versions available in another language, the latest English version will prevail.

Any disputes arising from these Terms of Service will be resolved in English, unless WinterHeaven decides otherwise at its sole discretion or applicable law requires otherwise.

24. Headings

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms of Service.

25. Electronic Communications

By using the Services or placing an order, you agree that we may send you transaction-related and service-related communications electronically, including by email, account notifications, or notices posted through the Services.

Such communications may concern your orders, account, purchases, returns, these Terms of Service, or other service-related matters.

You are responsible for keeping your contact information up to date.

26. Changes to the Terms of Service

You may review the latest 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 check our website periodically for changes. We will notify you of any material changes to these Terms of Service in accordance with applicable law, and such changes will take effect on the date specified in the notice.

Your continued use of or access to the Services after changes to these Terms of Service have been posted constitutes your acceptance of those changes.

27. Contact Information

Questions about these Terms of Service should be sent to us at winter.store.shop@gmail.com.

Our contact information is available in our Contact Information Policy.