Terms of service
OVERVIEW
Welcome to ETERNAL WEAR. The terms “we,” “us,” and “our” refer to ETERNAL WEAR. We operate this store and website, including all related information, content, features, tools, products, and services (the “Services”). Our store runs on Shopify.
These Terms of Service (“Terms”) govern your use of the Services. By using the Services, you agree to these Terms and our Privacy Policy [LINK]. If you do not agree, do not use the Services.
1. ACCESS AND ACCOUNT
You represent you are the age of majority in your jurisdiction and, if applicable, you consent to minor dependents using devices you own or manage. Provide accurate, current, and complete information. You are responsible for safeguarding credentials and account activity. You may not transfer your account.
2. OUR PRODUCTS
We try to display products accurately, but colors and appearance can vary by device. We do not warrant that products meet your expectations. Descriptions and availability may change without notice. We may limit quantities by person, region, or jurisdiction.
3. ORDERS
Your order is an offer to buy. We may accept or reject at our discretion. Acceptance occurs when we confirm and process payment. Review orders before submission; cancellations may not be possible after acceptance. If we change or cancel an order, we will attempt to notify you at your provided contact details. Returns and exchanges follow our Refund Policy [LINK]. Purchases are for personal use, not resale or export.
4. PRICES AND BILLING
Prices, discounts, and promotions may change without notice. The price at checkout governs. Unless stated otherwise, prices exclude taxes, shipping, handling, customs, and import charges. Keep payment details current. You warrant you are authorized to use your payment method and agree to pay all charges and applicable taxes.
5. SHIPPING AND DELIVERY
Delivery times are estimates only. We are not liable for carrier delays, customs, or events outside our control. Title and risk of loss pass to you when we hand off to the carrier.
6. RETURNS AND HYGIENE POLICY
For health and safety, underwear and intimate apparel are final sale once packaging is opened or tampered with. Unopened items in original sealed packaging may be returnable per our Refund Policy [LINK]. This section controls over conflicting statements.
7. INTELLECTUAL PROPERTY
All content and materials on the Services are owned by us or our licensors and protected by law. You may use the Services for personal, non-commercial use only. No reproduction, distribution, modification, public display, or derivative works without our prior written consent. Our names, logos, and marks are our trademarks. Shopify’s marks are owned by Shopify.
8. OPTIONAL TOOLS
Third-party tools are provided “as is” and “as available.” Use them at your own risk and subject to the third party’s terms.
9. THIRD-PARTY LINKS
Links to third-party sites or content are for convenience. We do not control or endorse them and are not responsible for related losses. Review third-party terms and policies.
10. RELATIONSHIP WITH SHOPIFY
ETERNAL WEAR is powered by Shopify. Purchases are between you and ETERNAL WEAR. Shopify is not responsible for your transactions with us. You release Shopify and its affiliates from claims arising from your purchases with us.
11. PRIVACY
Personal information is handled under our Privacy Policy [LINK] and may be processed under Shopify’s privacy policy [SHOPIFY PRIVACY LINK]. Data may be processed in other countries. See our Privacy Policy for details.
12. FEEDBACK AND USER CONTENT
If you submit reviews, ideas, or other content (“Feedback”), you grant us a perpetual, worldwide, sublicensable, royalty-free license to use, reproduce, modify, publish, and display it for any lawful purpose. You represent you own or have rights to your Feedback and that it complies with law and these Terms. We may monitor, edit, or remove unlawful or objectionable content.
13. DMCA NOTICE
If you believe content infringes your copyright, send a notice to: [DMCA Agent Name], [Address], [Email]. Include: (a) your contact info; (b) identification of the work; (c) identification of the infringing material and its location; (d) a good-faith statement; (e) a statement under penalty of perjury of accuracy and authority; (f) your signature. We may remove content and terminate repeat infringers.
14. ERRORS, INACCURACIES, AND OMISSIONS
We may correct errors or update information at any time, including after an order is submitted, and may cancel affected orders.
15. PROHIBITED USES
Do not use the Services unlawfully or to violate rights, transmit malware, spam, scrape, interfere with security, or impersonate others. We may suspend or terminate access for violations.
16. TERMINATION
We may terminate or suspend access at any time. You remain liable for amounts due through the termination date. Sections intended to survive will survive.
17. DISCLAIMER OF WARRANTIES
Except as expressly stated by us, the Services and products are provided “as is” and “as available,” without warranties of any kind, express or implied, including merchantability, fitness for a particular purpose, title, and non-infringement. Some jurisdictions do not allow certain disclaimers.
18. LIMITATION OF LIABILITY
To the fullest extent permitted by law, ETERNAL WEAR and its affiliates, and Shopify and its affiliates, will not be liable for indirect, incidental, special, punitive, or consequential damages, or loss of profits, revenue, savings, data, or replacement costs, arising from or related to the Services or products, even if advised of the possibility. Our total liability will not exceed the amount you paid for the product(s) giving rise to the claim.
19. INDEMNIFICATION
You agree to indemnify and hold harmless ETERNAL WEAR, Shopify, and their affiliates, officers, employees, and agents from third-party claims, losses, liabilities, damages, and expenses (including reasonable attorneys’ fees) arising from your breach of these Terms, violation of law, or misuse of the Services.
20. SMS/MMS MARKETING CONSENT
If you opt in to receive SMS/MMS messages, you consent to receive autodialed and prerecorded marketing texts at the number provided. Consent is not a condition of purchase. Message and data rates may apply. Message frequency varies. Reply STOP to cancel and HELP for help. See our SMS Terms in the Privacy Policy [LINK].
21. EXPORT AND SANCTIONS COMPLIANCE
You agree to comply with U.S. and international export, re-export, and sanctions laws. You will not use the Services or purchase products for prohibited end uses or in embargoed regions.
22. FORCE MAJEURE
We are not liable for delays or failures caused by events beyond reasonable control, including acts of God, labor disputes, supplier failures, epidemics, government actions, or internet outages.
23. SEVERABILITY
If any provision is unlawful or unenforceable, it will be enforced to the maximum extent possible, and the remainder will remain in effect.
24. WAIVER; ENTIRE AGREEMENT; ORDER OF PRECEDENCE
Failure to enforce a right is not a waiver. These Terms, our Privacy Policy, and posted policies are the entire agreement. If you also agree to an Order, SOW, or Refund Policy, conflicts are resolved in this order: (1) Order or SOW; (2) Refund Policy; (3) Privacy Policy; (4) these Terms.
25. ASSIGNMENT
You may not assign your rights or obligations without our prior written consent. We may assign without notice.
26. GOVERNING LAW
These Terms are governed by Florida law, without regard to conflict-of-laws rules.
27. DISPUTE RESOLUTION; ARBITRATION; CLASS ACTION WAIVER
Before filing a claim, you must email us at info@eternalcommerce.net with a written Notice of Dispute and a 30-day cure period. Any dispute not resolved will be settled by binding individual arbitration administered by AAA under its Consumer Rules. Venue will be Miami-Dade County, Florida, or your county of residence for consumers, or remote by video. The arbitrator may award individual relief only. Class actions, class arbitrations, private attorney general actions, and consolidation are not allowed. Either party may bring qualifying claims in small-claims court.
28. HEADINGS
Headings are for convenience only.
29. CHANGES TO TERMS
We may update these Terms by posting a revised version with an effective date. Material changes will be notified as required by law. Continued use after the effective date constitutes acceptance.
30. Terms of Service — AI Sections
AI-Assisted Features. Parts of the Services use automated systems and third-party AI models to generate responses, recommendations, translations, summaries, sizing guidance, and moderation (“AI Output”). To operate these features we may transmit prompts, context, and limited account or transactional metadata to AI vendors acting as processors.
Accuracy and Limits. AI Output may be incomplete, inaccurate, or reflect bias. You are responsible for how you use AI Output. We disclaim liability for decisions made in reliance on AI Output to the maximum extent permitted by law. No professional advice is provided.
User Prompts and License. You retain ownership of prompts and inputs you submit. You grant us a perpetual, worldwide, sublicensable, royalty-free license to use prompts, inputs, and feedback to provide, maintain, secure, and improve AI features and to enforce policies.
Generated Content Ownership and License. As between you and us, we own AI Output generated by or for the Services, subject to third-party rights. We grant you a non-exclusive, non-transferable license to use AI Output you receive for personal, non-commercial use with the Services. Do not use AI Output to create competing models or to remove notices.
Automated Decisions; Human Review. If we use automated decision-making that has a legal or similarly significant effect on you (for example, fraud screening), you may request human review and a non-technical explanation by emailing info@eternalcommerce.net. We will evaluate and, where required by law, provide human intervention.
Third-Party AI Providers. AI features may be provided by third parties. Their terms may apply in addition to these Terms. We require contractual confidentiality, security, and deletion commitments from such providers.
Prohibited AI Inputs. Do not submit health information, payment card data, government IDs, precise geolocation, biometric templates, export-controlled data, or any information you are not authorized to share. Do not use AI features to generate unlawful content, malware, or rights-infringing material.
Safety Filters. We may filter, block, or refuse prompts or outputs that violate law or our policies.
Opt-Out. If you do not wish to use AI features, do not engage with them (for example, chat widgets or auto-suggest). You may request we disable AI features for your account where feasible by contacting info@eternalcommerce.net.
DMCA for AI Output. If you believe AI Output infringes your rights, submit a notice under our DMCA procedure. We may remove or regenerate content and may terminate repeat infringers.
31. CONTACT INFORMATION
Questions about these Terms: info@eternalcommerce.net.
Company: [Eternal Commerce, Inc.]
Email: info@eternalcommerce.net
Address: 7381 114th Ave, Suite 403B PMB 10001, Largo, FL 33773
Phone: +1 (785) 917-1597