Terms of service
OVERVIEW
Welcome to Eve & May! The terms “we”, “us”, and “our” refer to Eve & May. Eve & May operates this website and online store, including all related information, content, features, tools, products, and services (collectively, the “Services”).
These Terms of Service (the “Terms”), together with our [Privacy Policy](INSERT LINK) and any other policies referenced herein, describe your rights and responsibilities when using the Services.
Please read these Terms carefully, as they contain important information about your legal rights, disclaimers of warranties, and limitations of liability.
By accessing, browsing, or purchasing from our Services, you agree to be bound by these Terms and our Privacy Policy. If you do not agree, you may not use or access the Services.
Governing Law and Jurisdiction
These Terms of Service and any separate agreements whereby we provide you with Services shall be governed by and construed in accordance with the laws of the Federal Republic of Nigeria, without regard to conflict of law provisions.
You agree that any dispute, claim, or controversy arising out of or relating to these Terms or your use of the Services shall be subject to the exclusive jurisdiction of the courts of Lagos State, Nigeria.
SECTION 1 – ACCESS AND ACCOUNT
By agreeing to these Terms of Service, you represent that you are at least 18 years of age, or the legal age of majority in your country of residence, whichever is greater. You may permit minor dependents to browse the Services under your supervision, but you remain fully responsible for their use. Minors are not permitted to make purchases without the consent and supervision of a parent or legal guardian.
To use the Services, including browsing our online store or purchasing any products, you may be required to provide certain information such as your name, email address, billing details, payment information, and shipping address. You represent and warrant that all information you provide is accurate, current, and complete, and that you have the legal right to provide such information. We reserve the right to suspend, cancel, or refuse any order or account if the information provided is false, misleading, or incomplete.
You are solely responsible for maintaining the confidentiality and security of your account credentials and for all activities that occur under your account. You may not transfer, sell, assign, or license your account to any other person. We are not liable for any loss or damage arising from your failure to protect your account information.
SECTION 2 – OUR PRODUCTS
We make every effort to display accurate information about our products and services in our online store. However, the colors, textures, or appearance of products may vary slightly from what you see on your screen due to device settings, display technology, or lighting. Such minor variations do not constitute defects and will not be grounds for return or refund.
Many of our products are bespoke and made-to-order, designed and produced specifically for you. By purchasing a bespoke item, you acknowledge that:
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Each product is unique and may have slight variations from images or samples displayed.
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Custom specifications, including fabrics, styles, or measurements, are produced based on the details you provide, and Eve & May is not responsible for errors caused by inaccurate or incomplete information supplied by you.
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Bespoke products are non-resaleable and are therefore final sale, except where a product is faulty or otherwise required by law to be returnable.
All products and services are provided “as is” and as available, without any warranty that they will meet your individual expectations. While we aim for accuracy, we do not guarantee that product descriptions, images, or other content in our store are error-free, complete, or current.
We reserve the right, at our sole discretion, to modify, update, or discontinue any product or service at any time, without prior notice and without liability to you or any third party. We may also limit the sale of products or quantities available to any person, household, geographic region, or jurisdiction, including after an order has been placed, and may cancel or refuse any order at our discretion.
SECTION 3 – ORDERS
When you place an order, you are making an offer to purchase. Eve & May reserves the right, at its sole discretion, to accept or decline any order for any reason, including but not limited to product availability, errors in product or pricing information, suspected fraud, or restrictions under applicable law.
An order is not accepted until we send you an order confirmation. Acceptance is conditional upon successful payment authorization and clearance. If your payment is declined, reversed, or otherwise not received, your order will not be fulfilled.
As a bespoke brand, many of our products are made-to-order or customised according to your specifications. Once an order for a bespoke product has been accepted, it cannot be cancelled, modified, or refunded except as required by law or under our [Refund Policy](INSERT LINK). By placing a bespoke order, you acknowledge and agree that:
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The provided production timelines are estimates only and may vary.
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You are responsible for providing accurate measurements, specifications, or personalisation details, and Eve & May is not liable for errors resulting from incorrect information provided by you.
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Bespoke products are non-refundable and are therefore exempt from “change of mind” returns or exchanges.
Your purchases are for personal or household use only, and not for commercial resale or export. We reserve the right to cancel any order that we believe violates this requirement.
SECTION 4 – PRICES AND BILLING
Prices, discounts, and promotions are subject to change at any time without notice. The price charged for a product or service will be the price in effect at the time your order is placed and will be confirmed in your order confirmation email. Unless expressly stated otherwise, posted prices do not include taxes, shipping, handling, customs duties, or import charges, all of which are your responsibility.
Prices displayed in our online store may differ from those offered in physical stores or through third-party retailers. From time to time, we may offer promotions that affect pricing. Such promotions will be subject to separate terms and conditions. In the event of any conflict, the promotion terms will prevail.
We make every effort to ensure that pricing and product information are accurate; however, errors may occur. We reserve the right to correct any errors, inaccuracies, or omissions, and to cancel or refuse any order placed for a product listed at an incorrect price, whether or not the order has been confirmed and payment processed. If your payment has already been processed, we will issue a refund for the amount paid.
You agree to provide current, complete, and accurate purchase, payment, and account information for all transactions. You must promptly update your information, including email address, billing details, and payment methods, so that we can complete your transactions and contact you as needed.
By submitting payment, you represent and warrant that:
(i) the payment information you provide is true, correct, and complete;
(ii) you are duly authorized to use the chosen payment method;
(iii) charges incurred by you will be honored by your bank, card issuer, or payment provider; and
(iv) you will pay all charges at the posted prices, including shipping, handling, taxes, and applicable duties.
If payment is declined, reversed, or disputed (including chargebacks), we reserve the right to cancel or suspend your order until full payment is received. Currency conversions and bank fees may apply, and you are responsible for any such charges imposed by your financial institution.
SECTION 5 – SHIPPING AND DELIVERY
All delivery times provided are estimates only and are not guaranteed. Actual delivery may vary depending on carrier availability, customs processing, production lead times, and other factors outside our reasonable control.
For bespoke and made-to-order items, additional production time will apply before shipment. Estimated timelines will be communicated at checkout or in your order confirmation.
Once products are transferred to the shipping carrier, title and risk of loss pass to you, except as otherwise required by applicable law. Our responsibility ends when the order is handed over to the carrier. The carrier’s tracking records will be considered conclusive proof of delivery.
You are responsible for providing an accurate delivery address and ensuring that someone is available to accept delivery. We are not liable for delays, non-delivery, or additional costs resulting from incorrect or incomplete addresses provided by you.
You are solely responsible for any customs duties, import taxes, brokerage fees, or other charges imposed by the destination country. We are not responsible for delays or refusal of delivery caused by customs authorities.
SECTION 6 – INTELLECTUAL PROPERTY
All content and materials made available through the Services, including but not limited to all trademarks, brand names, trade dress, product designs, sketches, patterns, text, displays, images, graphics, product reviews, video, and audio, and the design, selection, and arrangement thereof, are owned by Eve & May, its affiliates, or licensors and are protected by applicable copyright, trademark, patent, and other intellectual property laws worldwide.
You may access and use the Services solely for your personal, non-commercial use. Except as expressly permitted by Eve & May in writing, you may not copy, reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any part of the Services or the materials contained therein.
Except as expressly provided in these Terms, nothing grants you a license or any rights under any patent, trademark, copyright, or other intellectual property of Eve & May, Shopify, or any third party. Unauthorized use of the Services may constitute a violation of intellectual property laws. All rights not expressly granted are reserved by Eve & May.
The names, logos, product and service names, designs, and slogans of Eve & May are trademarks of Eve & May or its affiliates or licensors. You may not use such marks without our 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 used on the Services are the property of their respective owners.
By submitting reviews, comments, photos, or other content through the Services (“User Content”), you grant Eve & May a worldwide, royalty-free, non-exclusive license to use, reproduce, publish, display, and distribute such User Content in connection with our business, including for marketing and promotional purposes, in any media now known or later developed.
SECTION 7 - OPTIONAL TOOLS
You may be provided with access to customer tools offered by third parties as part of the Services, 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 shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of the 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 of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new features through the Services (including the release of new tools and resources). Such new features shall also be deemed part of the Services and are 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 any embedded third party functionality). We are not responsible for examining or evaluating the content or accuracy of any third-party materials or websites you choose to access. If you decide to leave the Services to access these materials or third party sites, you do so at your own risk.
We are not liable for any harm or damages related to your access of any third-party websites, or your purchase or use of any products, services, resources, or content on any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products and services should be directed to the third-party.
SECTION 9 - RELATIONSHIP WITH SHOPIFY
[NOTE TO MERCHANT: This section accurately characterizes Shopify’s relationship with your store and should not be removed or modified.]
Eve & May is powered by Shopify, which enables us to provide the Services to you. However, any sales and purchases you make in our Store are made directly with Eve & May. By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of any sales between you and Eve & May, including any injury, damage, or loss resulting from purchased products and services. You hereby expressly release Shopify and its affiliates from all claims, damages, and liabilities arising from or related to your purchases and transactions with Eve & May.
SECTION 10 - PRIVACY POLICY
All personal information we collect through the Services is subject to our Privacy Policy, which can be viewed here [LINK], and certain personal information may be subject to Shopify’s Privacy Policy, which can be viewed here. By using the Services, you acknowledge that you have read these privacy policies.
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 the Services for you. Information you submit to the Services will be transmitted to and shared with Shopify as well as third parties that may be located in other countries than where you reside, in order to provide services to you. Review our privacy policy [LINK] for more details on how we, Shopify, and our partners use your personal information.
SECTION 11 - FEEDBACK
If you submit, upload, post, email, or otherwise transmit any 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 for any purpose, including for commercial use. We may, for example, use our rights under this license to operate, provide, evaluate, enhance, improve and promote the Services and to perform our obligations and exercise our rights under the Terms of Service.
You also represent and warrant that: (i) you own or have all necessary rights to all Feedback; (ii) you have disclosed any compensation or incentives received in connection with your submission of Feedback; and (iii) your Feedback will comply with these Terms. We are and shall be under no obligation (1) to maintain your Feedback in confidence; (2) to pay compensation for your Feedback; or (3) to respond to your Feedback.
We may, but have no obligation to, monitor, edit or remove Feedback that we determine in our sole discretion to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your Feedback will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your Feedback will not contain libelous or otherwise unlawful, abusive or obscene Feedback, or contain any computer virus or other malware that could in any way affect the operation of the Services or any related website. You may not use a false email address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any Feedback. You are solely responsible for any Feedback you make and its accuracy. We take no responsibility and assume no liability for any Feedback posted by you or any third-party.
SECTION 12 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on or in the Services that contain 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 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 for lawful purposes only. You may not access or use the Services, directly or indirectly: (a) for any unlawful or malicious purpose; (b) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (c) to infringe upon 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 re-use any material that does not comply with the these Terms; (g) to transmit, or procure the sending of, any advertising or promotional material, including any “junk mail,” “chain letter,” “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 which, as determined by us, may harm Eve & May, Shopify or users of the Services, or expose them to liability.
In addition, you agree not to: (a) upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Services; (b) reproduce, duplicate, copy, sell, resell or exploit any portion of the Services; (c) collect or track the personal information of others; (d) spam, phish, pharm, pretext, spider, crawl, or scrape; or (e) interfere with or circumvent the security features of the Services or any related website, other websites, or the Internet. 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 - TERMINATION
We may terminate this agreement or your access to the Services (or any part thereof) in our sole discretion at any time without notice, and you will remain liable for all amounts due up to and including the date of termination.
The following sections will continue to apply following any 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.
SECTION 15 - DISCLAIMER OF WARRANTIES
The information presented on or through the Services is made available solely for general information purposes. We do not warrant 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 and responsibility arising from any reliance placed on such materials by you or any other visitor to the Services, or by anyone who may be informed of any of its contents.
EXCEPT AS EXPRESSLY STATED BY Eve & May, THE SERVICES AND ALL PRODUCTS OFFERED THROUGH THE SERVICES ARE PROVIDED 'AS IS' AND 'AS AVAILABLE' FOR YOUR USE, WITHOUT ANY REPRESENTATION, 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 GUARANTEE, REPRESENT OR WARRANT THAT YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.
SECTION 16 - LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO CASE SHALL Eve & May, 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, LOST PROFITS, LOST REVENUE, LOST SAVINGS, LOSS OF DATA, REPLACEMENT COSTS, OR ANY SIMILAR DAMAGES, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, ARISING FROM YOUR USE OF ANY OF THE SERVICES OR ANY PRODUCTS PROCURED USING THE SERVICES, OR FOR 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 VIA THE SERVICES, EVEN IF ADVISED OF THEIR POSSIBILITY.
SECTION 17 - INDEMNIFICATION
You agree to indemnify, defend and hold harmless Eve & May, 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, payable to any third party due to or arising out of (1) your breach of these Terms of Service or the documents they incorporate by reference, (2) your violation of any law or the rights of a third party, or (3) your access to and use of the Services.
We will notify you of any indemnifiable claim, provided that a failure to promptly notify will not relieve you of your obligations unless you are materially prejudiced. We may control the defense and settlement of such claim at your expense, including choice of counsel, but will not settle any claim requiring non-monetary obligations from you without your consent (not to be unreasonably withheld). You will cooperate in the defense of indemnified claims, including by providing relevant documents.
SECTION 18 - SEVERABILITY
In the event that any provision of these Terms of Service is determined 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 to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
SECTION 19 - WAIVER; 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 constitutes the entire agreement and understanding between you and us and governs your use of the Service, superseding any prior or contemporaneous agreements, 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 drafting party.
SECTION 20 - 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 such attempt will be null and void. We may transfer, assign, or delegate these Terms and our rights and obligations without consent or notice to you.
SECTION 21 - GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the federal and state or territorial courts in the jurisdiction where Eve & May is headquartered. You and Eve & May consent to venue and personal jurisdiction in such courts.
SECTION 22 - HEADINGS
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
SECTION 23 - CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time on this page.
We reserve the right, in 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. We will notify you of any material changes to these Terms in accordance with applicable law, and such changes will be 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 24 - CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at info@eveandmay.com.
Our contact information is posted below:
[INSERT TRADING NAME]
info@eveandmay.com
[INSERT BUSINESS ADDRESS]
[INSERT BUSINESS PHONE NUMBER]
[INSERT BUSINESS REGISTRATION NUMBER]
[INSERT VAT NUMBER]