Terms of service

TERMS OF PROVISION OF SERVICES

OVERVIEW;


This website is operated by the Cherva brand. Throughout the site, the terms "we", "us" and "our" refer to the Cherva brand. Cherva Brand offers this site, 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 ("Terms of Service", "Terms"), including those additional terms and policies referenced herein and/or which are available by hyperlink. These Terms of Service apply to all users of the site, including, without limitation, users who are browsers, merchants, customers, sellers and/or content authors;



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

Any new features or tools that are added to the current store are also subject to the Terms of Service. You can review the most current version of the Terms of Use at any time on this page. 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 periodically check this page for changes. Your continued use of or access to the Website after any changes are posted constitutes your acceptance of those changes;

Our store is hosted on the Shopify Inc. platform. They provide us with an e-commerce platform that allows us to sell our products and services to you;

SECTION 1 - TERMS OF OPERATION OF THE ONLINE STORE


By agreeing to these Terms of Service, you represent that you have reached the age of majority in your state or province of residence, or that you have reached the age of majority in your state or province of residence, and you have given us your consent to allow any of 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 must not transmit any worms or viruses or any code of a destructive nature;
Violation or failure to comply with any of the Terms will result in the immediate termination of the Services to you;

SECTION 2 - GENERAL CONDITIONS


We reserve the right to refuse service to anyone for any reason at any time.

You understand that your content may be shared without your permission;
You understand that your content (not including credit card information) may be transmitted unencrypted and include (a) transmission over various networks; and (b) changes to conform to and adapt to the technical requirements of connected 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 part of the Service, use of the Service, access to the Service or any contact on the website through which the service is provided without express written permission from our side. 


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 the information on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, complete or current sources of information. Any reliance on the materials on this site is at your own risk;


This site may contain certain historical information. Historical information is necessarily not current and is provided for informational purposes only. We reserve the right to change the content of this site at any time, but we are under no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site;

SECTION 4 - CHANGES IN SERVICE AND PRICES


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

SECTION 5 - PRODUCTS AND SERVICES (IF ANY);


Certain products or services may be available exclusively online through the Website. These products or services may have limited quantities and may be returned or exchanged only in accordance with our Return Policy;


We have made every effort to accurately reflect the colors and images of our products that appear in the store. We cannot guarantee that the display of any color on your computer monitor will be accurate.



We reserve the right, but have no obligation, to restrict 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 any products or services we offer. All product descriptions 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 any product or service made on this site is void unless prohibited;


We do not warrant that the quality of any products, services, information or other materials purchased or received by you will meet your expectations, or that any errors in the Service will be corrected;

SECTION 6 - ACCURACY OF CALCULATIONS AND BILL INFORMATION

We reserve the right to refuse any order from you. We may, at our sole discretion, limit or cancel the number of products purchased per person, family or order. These restrictions may apply to orders placed by the same customer or under the same account, credit card, and/or orders using the same billing and/or shipping address. In the event that we make changes to or cancel an order, we may attempt to notify you by contacting you via email and/or the billing address/phone number provided when you placed your order. We reserve the right to limit or prohibit orders that we believe are placed by dealers, resellers or distributors;

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

For more detailed information, please see our Returns Policy;

 

CHAPTER 7 - ADDITIONAL TOOLS;


We may provide you with access to third-party tools over which we have no control or influence;


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 arising out of or in connection with your use of additional third-party tools;


Any use by you of additional tools offered through the Site is solely at your own risk and discretion, and you must ensure that you are familiar with and agree to the terms on which the tools are provided by the applicable third-party provider(s).

We may also provide you with additional services;
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 are also governed by these Terms of Service;




SECTION 8 - LINKS FROM THIRD PARTIES


Certain content, products and services available through our Service may include material from third parties;


Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for checking or evaluating the content or accuracy, and we do not warrant or assume any responsibility or liability for any third-party materials or websites, or for any other third-party materials, products or services persons;


We are not responsible for any harm or loss related to the purchase or use of goods, services, resources, content or any other transactions made in connection with any third-party websites. Please read the third party's policies and practices carefully and make sure you understand them before engaging in any transaction. Complaints, claims, concerns or questions about third party products should be directed to that third party;

SECTION 9 - USER COMMENTS, FEEDBACK AND OTHER INFORMATION


If you submit certain specific materials (such as contest entries) at our request or, without our request, submit creative ideas, suggestions, plans or other materials, whether online, by email, post or otherwise ("Comments"), you agree that we may at any time without limitation edit, copy, publish, distribute, translate or otherwise use in any medium any comments you submit to us. We are under no obligation to (1) maintain the confidentiality of any Comments; (2) pay compensation for any Comments; or (3) respond to any comments;


We may, but are not obligated to, monitor, edit or remove content that, in our sole discretion, is illegal, offensive, threatening, defamatory, defamatory, pornographic, obscene or otherwise objectionable or infringes the intellectual property of any party or those Terms of service;

You agree that your comments will not violate any right of any third party, including copyright, trademark, privacy, personality, or other personal or property rights. You also agree that your comments will not contain defamatory or other illegal, offensive or obscene material, and will not contain computer viruses or other harmful programs that could in any way affect the operation of the Service or any related associated website. You may not use a false email address, impersonate or otherwise mislead us or third parties as to the origin of any Comments. You are solely responsible for any comments you make and their accuracy. We are not responsible or liable for any comments posted by you or any third party;

SECTION 10 - PERSONAL INFORMATION


Your provision of personal information through the Store is governed by our Privacy Policy. To view our Privacy Policy;




SECTION 11 - ERRORS, INACCURACIES AND OMISSIONS


From time to time, information may appear on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, prices, promotions, offers, product shipping costs, 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 on the Service or on any related website is found to be inaccurate in any what a time without a previous one messages (including after you have shipped your order). 
We undertake no obligation to update, change or correct the information on the Service or any related website, including,

 

SECTION 12 - PROHIBITED USES;


In addition to the other prohibitions set forth in the Terms of Service, you may not use the Site or its Content (a) for any unlawful purpose; (b) incite others to commit or participate in any illegal activity; (c) violate any international, federal, provincial or state regulations, rules, laws or local ordinances; (d) infringe upon or violate our intellectual property rights or the intellectual property rights of others (e) harass, abuse, insult, harm, discredit, defame, degrade, intimidate or discriminate on the basis of gender, sexual orientation, religion, ethnicity , race, age, national origin or disability; (f) provide false or misleading information; (g) upload or transmit viruses or any other type of malicious code that will or may be used in any way that affects the functionality or operation of the Service or any linked website, other websites or the Internet; (h) collect or track personal information of others; (i) for spam, phishing, pharming, grounds, spiders, scanning or scraping; (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 guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free;


We do not guarantee that the results that may be obtained from the use of the service will be accurate or reliable;
You agree that from time to time we may remove the service for an indefinite period of time or cancel the service at any time without prior notice;


You expressly agree that the use or inability to use the service is at your own risk. The Service and all products and services provided to you through the Service (except as expressly stated by us) are provided for use "as is" and "as available" without any representations, warranties or conditions of any kind, express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, legal title and non-infringement of intellectual property rights;


In no event shall the Cherva brand, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim or any direct, indirect, incidental, punitive, special or consequential damages of any kind, including, without limitation, lost profits, lost income, lost savings, loss of data, replacement costs or any other similar damages, whether in contract, tort (including negligence) or negligence, strict liability or otherwise, arising out of your use of any service or any products purchased through the service, or for any other claim related to any -in any way related 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 your use of the service or any content (or product) posted, transmitted or otherwise made available through the service, even if you have been notified of their possibility. Because some states or jurisdictions do not allow the exclusion or limitation of liability for indirect or incidental damages, in such states or jurisdictions our liability will be limited to the maximum extent permitted by law;


SECTION 14 - INDEMNIFICATION


You agree to indemnify, defend and hold harmless the Cherva brand and our parent company, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees from any and all claims. or claims, including reasonable attorneys' fees, brought by any third party due to or as a result of your violation of these Terms of Service or the documents referenced therein, or your violation of any law or rights of a third party;

SECTION 15 - RECOVERY


In the event that any provision of these Terms of Service is held to be illegal, invalid or unenforceable, such provision shall nevertheless be enforceable to the fullest extent permitted by applicable law, and the portion that is not has legal effect, shall be deemed severable from these Terms of Service, and such designation shall not affect the validity and enforceability of any other remaining provisions;

SECTION 16 - TERMINATION OF AGREEMENT


The obligations and liabilities of the parties arising prior to the date of termination of this agreement shall survive for all purposes after termination of this agreement.

Termination of the Terms of Service
These Terms of Service are effective unless and until terminated by 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 stop using our Site;


If, in our sole opinion, you have failed, or we suspect you have failed, any term or provision of these Terms of Service, we may also terminate this agreement at any time without notice, and you will be responsible for all amounts payable up to and including the date of termination; and/or, accordingly, may deny you access to our Services (or any part thereof). 

SECTION 17 - 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 rules of operation posted by us on this site or in relation 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, notices and offers, oral or written, between you and us (including, but not limited to, any 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;

SECTION 18 - GOVERNING LAW 


These Terms of Service and any separate agreements under which we provide you Services are governed by and construed in accordance with the laws of Ukraine;

SECTION 19 - CHANGES TO THE TERMS OF SERVICE


You can review the most recent 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 on our website. It is your responsibility to periodically check our website for changes. Your continued use of or access to our website or Service following the posting of any changes to these Terms of Service constitutes your acceptance of those changes;




SECTION 20 - CONTACT INFORMATION


Questions regarding the Terms of Service should be sent to us at chervabranduk@gmail.com