Terms of Service

General overview

This website is operated by Harbor Chic. Throughout the site, the terms “we”, “us” and “our” refer to Harbor Chic. Harbor Chic offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

By visiting our site and/or purchasing something from us, you are participating in our “service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the Site, including without limitation users who are browsers, vendors, customers, merchants and/or content contributors.

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the website, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

Any new features or tools added to the current store are also subject to the Terms of Service. You can view the latest version of the Terms of Service on this page at any time. We reserve the right to update, modify or replace any part of these Terms of Service by posting updates and/or changes on our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the site following the posting of changes constitutes acceptance of those changes.

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 of Service

By accepting these Terms of Service, you represent that you are at least the age of majority in the state or province in which you reside or that you are of legal age in the state or province in which you reside and that you have given us your consent to allow your minor dependents to use this site. You may not use our products for any illegal or unauthorized purpose, nor may you violate any laws in your jurisdiction (including, but not limited to, copyright laws) by using the Service. You may not transmit worms or viruses or any code of a destructive nature. A breach or violation of any of the Terms will result in an immediate termination of your Services.

Section 2 - General Terms

We reserve the right to refuse service to anyone for any reason at any time. You understand that your content (not including credit card information) may be transmitted unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transmission over networks. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service or access to the Service or any contact on the website through which the Service is provided without express written permission from us. The headings used in this Agreement are included for convenience only and do not limit or otherwise affect these Terms.

Section 3 - Accuracy, completeness and timeliness of information

We are not responsible if information made available on this site is not accurate, complete or current. The material on this website is for general information only and should not be used as the sole basis for making decisions without consulting primary, more accurate, more complete or more current sources of information. Any reliance on the material on this website is at your own risk. This website may contain certain historical information. Historical information is not necessarily current and is provided for your reference only. We reserve the right to change the content of this website at any time, but we have no obligation to update any information on our website. You agree that it is your responsibility to monitor changes to our site.

Section 4 - Changes to service and prices

Prices for our products are subject to change without notice. We reserve the right at any time to modify or discontinue the service (or any part or content thereof) without notice. We will not be liable to you or any third-party for any modification, price change, suspension or discontinuance of the Service.

Section 5 - Products or services (if applicable)

Certain products or services may be available exclusively online through the Site. These products or services may have limited quantities and are subject to return or exchange only according to our refund policy. We have made every effort to display as accurately as possible the colors and images of our products displayed in the store. We cannot guarantee that your computer screen's display of any color will be accurate. We reserve the right, but have no obligation, to limit the sale of our products or services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantity of products or services that we offer. All descriptions of products or product prices are subject to change at any time without notice at our sole discretion. We reserve the right to discontinue any product at any time. Any offer of a product or service on this website is void where prohibited. We do not warrant that the quality of any products, services, information or other materials purchased or obtained by you will meet your expectations or that any errors in the service will be corrected.

Section 6 - Accuracy of Billing and Account Information

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These limitations may include orders placed by or under the same customer account, credit card and/or orders using the same billing and/or shipping address. In the event that we change or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was placed. We reserve the right to limit or prohibit orders that, in our sole discretion, appear to be placed by resellers, resellers or distributors.

You agree to provide current, complete and accurate purchase and account information for all purchases made in our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as necessary.

For more details, please see our refund policy

Section 7 - Optional tools

We may provide you with access to third-party tools over which we neither monitor nor have any control nor input. 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 any endorsement. We have no liability whatsoever arising out of or in connection with 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 agree to the terms of the tools provided by the relevant third party provider(s). We may also, in the future, offer new services and/or features through the Website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.

Section 8 - Links to Third Parties

Certain content, products and services available via our Service may include materials from third parties. Third-party links on this website may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy, and we do not warrant and will not have any liability for any third-party materials or websites or for any other materials, products or services of third parties. We are not responsible for any damages related to the purchase or use of goods, services, resources, content or other transactions made in connection with third-party websites. Please carefully review the third party's policies and practices and make sure you understand them before entering into a transaction. Complaints, claims, concerns or questions regarding third-party products should be directed to the third party.

Section 9 - User comments, feedback and other submissions

If you send certain specific submissions (e.g., contest entries) at our request, or send creative ideas, suggestions, plans or other materials without our request, whether online, by email, by mail or otherwise (collectively, “Comments”), you agree that we may edit, copy, publish, distribute, translate and otherwise use any Comments that you send to us in any media at any time without restriction. We are and shall be under no obligation (1) to maintain any Comments in confidence; (2) to pay compensation for any Comments; or (3) to respond to any Comments. We may, but have no obligation to, monitor, edit or remove any content that we determine in our sole discretion is unlawful, offensive, threatening, libelous, defamatory, defamatory, pornographic, obscene or otherwise objectionable, or that violates any party's intellectual property rights or these Terms of Service. You agree that your comments will not violate any rights of any third party, including copyright, trademark, privacy, personality or other personal or proprietary rights. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, impersonate anyone other than yourself or otherwise mislead us or third parties as to the origin of the comments. You are solely responsible for all comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third party.

Section 10 - Personal Information

Your submission of personal information through the store is subject to our Privacy Policy, which you can review here.

Section 11 - Errors, Inaccuracies and Omissions

Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, 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 information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order). We assume no obligation to update, amend or clarify any information in the Service or on any related website, including without limitation pricing information, except as required by law. No specified update or refresh date used in the Service or on any related website should be taken to mean that all information in the Service or on any related website has been modified or updated.

Section 12 - Prohibited Uses.

In addition to any other prohibitions set forth in the Terms of Service, you are prohibited from using the Site or its Content: (a) for any unlawful purpose; (b) to solicit others to perform or engage in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws or local ordinances; (d) to infringe or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, libel, disparage, intimidate or discriminate on the basis of gender, sexual orientation, religion, ethnicity, race, age, national origin or disability (f) to submit false or misleading information; (g) to upload or transmit viruses or any other form of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

Section 13 - Disclaimer of Warranties; Limitation of Liability

We do not warrant, represent or guarantee that your use of our Service will be uninterrupted, timely, secure or error-free. We do not warrant that the results that may be obtained from the use of the Service will be accurate or reliable. You agree that we may from time to time remove the Service indefinitely or cancel the Service at any time without notice to you. You expressly agree that your use of or inability to use the Service is at your own risk. The Service and all products and services provided to you through the Service are provided (except as expressly stated by us) “as is” and “as available” for your use without any 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. In no event shall Frendry, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any damage, loss, claim or direct, indirect, incidental, punitive, special or consequential damages of any kind, including, without limitation, lost profits, lost revenues, lost savings, loss of data, replacement costs or similar damages, whether based on contract, tort (including negligence), strict liability or otherwise, arising out of your use of the Service or any products obtained using the Service, or for any other claim related in any way to your use of the Service 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 Service or any Content (or product) posted, transmitted or otherwise made available via the Service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, in such states or jurisdictions our liability shall be limited to the maximum extent permitted by law.

Section 14 - Indemnification.

You agree to indemnify, defend and hold harmless Frendry and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

Section 15 - Severability

In the event that any provision of these Terms of Service is held to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed severable from these Terms of Service and such provision shall not affect the validity and enforceability of any other remaining provisions.

Section 16 - Termination.

The obligations and liabilities of the parties arising prior to the termination date shall survive termination of this agreement for all purposes. These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our services or when you cease using our website. If, in our sole discretion, you fail to comply, or we suspect that you have failed to comply, with any term or provision of these Terms of Service, we may also terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or may deny you access to our Services (or any part thereof).

Section 17 - Entire Agreement.

The failure of us 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 in respect to the Service constitute the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements or understandings, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service). Any ambiguities in the interpretation of these Terms of Service shall not be construed against the party drafting them.

Section 19 - Changes to the general terms of service

You can view the most current version of the Terms of Service on this page at any time. 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 to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of changes to these Terms of Service constitutes acceptance of those changes.

Section 20 - Contact Information

Questions about the Terms of Service should be sent to us at support@harborchic.com

 

Section 21 - SMS Marketing and Consent

We offer a mobile messaging program (the “Program”) that you agree to use and participate in in accordance with these Mobile Messaging Terms and Conditions and Privacy Policy (the “Agreement”). By signing up for or participating in any of our Programs, you accept and agree to these terms and conditions, including, without limitation, your agreement to resolve any disputes with us only through binding, individual arbitration, as described in the “Dispute Resolution” section below. This Agreement is limited to the Program and is not intended to modify any other terms and conditions or privacy policy that may govern the relationship between you and us in other contexts. The Program allows users to receive SMS/MMS mobile messages by registering for the Program, such as through online or app-based registration forms. Regardless of the registration method used to participate in the Program, you agree that this Agreement applies to your participation in the Program. By participating in the Program, you agree to receive automated or pre-recorded marketing mobile messages at the phone number associated with your registration and you understand that consent is not required to make a purchase from us. Even if you consent to receive messages sent using an automatic dialing system, the foregoing shall not be construed to mean that any or all of our mobile messages are sent using an automatic telephone dialing system (“ATDS” or “autodialer”).

If you no longer wish to participate in the Program or no longer agree to this Agreement, you agree to reply STOP to any mobile text message from us to unsubscribe from the Program. You may receive an additional mobile text message confirming your decision to unsubscribe. You understand and agree that the above options are the only reasonable ways to unsubscribe. You understand and agree that attempting to unsubscribe by sending additional text messages or verbally asking one of our team members to remove you from our list will not be considered a reasonable way to unsubscribe.

You acknowledge that the frequency of messaging varies and that consent is not a condition of making a purchase. The Program includes recurring mobile messages and additional mobile messages may be sent periodically based on your interaction with us.

You must have a wireless device, be capable of two-way communication, use a participating wireless provider, and be a wireless subscriber with text messaging service. Not all mobile providers support the necessary service to participate. Check your phone's options for specific instructions on text messaging.

You may not use or interact with the Platform if you are under the age of thirteen (13). If you use or interact with the Platform and are between the ages of thirteen (13) and eighteen (18), you must have permission from your parent or guardian to do so. By using or interacting with the Platform, you represent and agree that you are not under the age of thirteen (13), are between the ages of thirteen (13) and eighteen (18) and have the permission of your parent or guardian to use or interact with the Platform or that you are of legal age in your jurisdiction. By using or interacting with the Platform, you also acknowledge and agree that you are authorized under applicable law in your jurisdiction to use and/or interact with the Platform.

You warrant and represent to us that you have all necessary rights, power and authority to enter into these Terms and to perform your obligations herein, and nothing in this Agreement or in the performance of such obligations will put you in breach of any other agreement or obligation. The failure of either party to exercise any right provided herein will not be deemed a waiver of any additional rights under this Agreement. If any provision of this Agreement is held to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement otherwise remains in full force and effect and enforceable. Any new features, changes, updates or enhancements to the Program will be subject to this Agreement unless expressly stated otherwise in writing. We reserve the right to change this Agreement from time to time. Any updates to this Agreement will be notified to you. You acknowledge your responsibility to review this Agreement from time to time and be aware of any changes. By continuing to participate in the Program after such changes, you agree to this Agreement as amended.

For questions, you may contact us for more information about the Program.