Terms of service
Last updated: February 17, 2026
OVERVIEW
Welcome to HERPERGAMY! The terms “we”, “us” and “our” refer to HERPERGAMY. HERPERGAMY operates this store and website, including all related information, content, features, tools, products and services in order to provide you, the customer, with a curated shopping experience (the “Services”). HERPERGAMY is powered by Shopify, which enables us to provide the Services to you.
These Terms of Service (“Terms”), together with any policies referenced herein, describe your rights and responsibilities when you use the Services.
Please read these Terms carefully. They include important information about your legal rights and cover areas such as warranty disclaimers and limitations of liability.
By visiting, interacting with, or using our Services, you agree to be bound by these Terms and our Privacy Policy. If you do not agree, you should not use or access the Services.
SECTION 1 — ACCESS AND ACCOUNT
By using the Services, you represent that you are at least the age of majority in your jurisdiction of residence, and you have given us your consent to allow any of your minor dependents to use the Services on devices you own, purchase, or manage.
To use the Services, you may be asked to provide certain information, such as your email address, billing, payment, and shipping information. You represent and warrant that all information you provide is correct, current, and complete and that you have all rights necessary to provide this information.
You are responsible for maintaining the security of your account credentials and for all activity under your account. You may not transfer, sell, assign, or license your account to any other person.
SECTION 2 — OUR PRODUCTS
We have made every effort to display our products and services as accurately as possible. However, colors and product appearance may vary depending on your device and settings.
We do not warrant that the appearance or quality of products or services will meet your expectations or be exactly as displayed.
All product descriptions are subject to change at any time without notice at our sole discretion. We reserve the right to discontinue any product at any time and may limit quantities of any products we offer on a case-by-case basis.
Made-to-Order Products. Many of our products are made to order. By placing an order, you acknowledge that production may begin quickly and that cancellation and return eligibility may be limited as outlined in our policies.
SECTION 3 — ORDERS
When you place an order, you are making an offer to purchase. HERPERGAMY reserves the right to accept or decline any order at its discretion. An order is not accepted until we confirm acceptance and payment has been processed.
Please review your order carefully before submitting. Because many products are made to order and production may begin quickly, we may be unable to accommodate cancellation or change requests after an order is placed or accepted.
If we do not accept, make a change to, or cancel an order, we will attempt to notify you using the email, billing address, and/or phone number provided at checkout.
Returns and exchanges are governed solely by our Refund Policy. Nothing in these Terms should be interpreted as offering a return window or return rights beyond what is stated in our Refund Policy (including any limitations for made-to-order items).
You represent and warrant that purchases are for your personal or household use and not for commercial resale or export.
SECTION 4 — PRICES AND BILLING
Prices, discounts, and promotions are subject to change without notice. The price charged will be the price in effect at the time the order is placed and will be shown in your order confirmation.
Unless otherwise stated, posted prices do not include taxes, shipping, handling, customs, or import charges.
You agree to provide current, complete, and accurate purchase, payment, and account information and to promptly update information so we can complete transactions and contact you if needed.
You represent and warrant that:
(i) payment information provided is true, correct, and complete;
(ii) you are authorized to use the payment method;
(iii) charges will be honored by your payment provider; and
(iv) you will pay all charges incurred, including shipping and applicable taxes.
SECTION 5 — SHIPPING AND DELIVERY
Delivery dates and times are estimates only and are not guaranteed. We are not responsible for delays caused by carriers, customs processing, supply chain disruptions, weather, or events outside our control.
Once we transfer products to the carrier, title and risk of loss pass to you to the fullest extent permitted by law.
SECTION 6 — INTELLECTUAL PROPERTY
The Services and all content included on the Services (including trademarks, text, graphics, images, videos, and the design and arrangement thereof) are owned by HERPERGAMY, its affiliates, or licensors and are protected by applicable intellectual property laws.
These Terms permit you to use the Services for your personal, non-commercial use only. You may not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit material from the Services without our prior written consent.
All rights not expressly granted are reserved by HERPERGAMY. Unauthorized use may violate intellectual property laws.
SECTION 7 — OPTIONAL TOOLS
We may provide access to third-party tools that we do not monitor or control. You acknowledge and agree such tools are provided “as is” and “as available,” without warranties or endorsements. We are not liable for your use of optional third-party tools.
SECTION 8 — THIRD-PARTY LINKS
The Services may contain links to third-party websites. We are not responsible for the content, accuracy, or practices of third-party sites. If you choose to access third-party sites, you do so at your own risk.
SECTION 9 — RELATIONSHIP WITH SHOPIFY
[This section should not be removed or modified.]
HERPERGAMY is powered by Shopify, which enables us to provide the Services to you. However, purchases made in our store are made directly with HERPERGAMY. Shopify is not responsible for any aspect of sales between you and HERPERGAMY, including any injury, damage, or loss resulting from purchased products or services. You expressly release Shopify and its affiliates from all claims arising from or related to purchases and transactions with HERPERGAMY.
SECTION 10 — PRIVACY POLICY
All personal information collected through the Services is subject to our Privacy Policy. Because the Services are hosted by Shopify, Shopify also collects and processes information about your access to and use of the Services to provide and improve the Services.
SECTION 11 — FEEDBACK
If you submit any feedback, ideas, suggestions, or reviews (“Feedback”), you grant us a perpetual, worldwide, sublicensable, royalty-free license to use, reproduce, modify, publish, distribute, and display such Feedback for any purpose, including commercial purposes.
You represent that you own or have the necessary rights to submit Feedback and that your Feedback complies with these Terms. We may remove Feedback at our discretion.
SECTION 12 — ERRORS, INACCURACIES AND OMISSIONS
We reserve the right to correct errors, inaccuracies, or omissions and to change or update information or cancel orders if information is inaccurate at any time without prior notice (including after you submit your order).
SECTION 13 — PROHIBITED USES
You may use the Services only for lawful purposes. You agree not to use the Services to violate laws, infringe intellectual property rights, harass or harm others, transmit malicious code, scrape data, spam, or interfere with security features.
We may suspend or terminate access if we believe you have violated these Terms.
SECTION 14 — TERMINATION
We may terminate this agreement or your access to the Services at any time without notice. You remain liable for amounts due up to the date of termination.
Sections that by their nature should survive termination will survive, including Intellectual Property, Feedback, Disclaimer of Warranties, Limitation of Liability, and Indemnification.
SECTION 15 — DISCLAIMER OF WARRANTIES
To the fullest extent permitted by law, the Services and all products are provided “as is” and “as available” without warranties of any kind, express or implied, including implied warranties of merchantability, fitness for a particular purpose, durability, title, and non-infringement.
We do not guarantee uninterrupted, timely, secure, or error-free service. Some jurisdictions limit warranty disclaimers, so parts of this section may not apply to you.
SECTION 16 — LIMITATION OF LIABILITY
To the fullest extent permitted by law, HERPERGAMY and its affiliates, partners, officers, employees, agents, contractors, service providers, licensors, and Shopify and its affiliates will not be liable for any indirect, incidental, punitive, special, or consequential damages, including lost profits, lost revenue, loss of data, or replacement costs arising from your use of the Services or products.
Some jurisdictions do not allow limitations of liability, so parts of this section may not apply to you.
SECTION 17 — INDEMNIFICATION
You agree to indemnify, defend, and hold harmless HERPERGAMY, Shopify, and our affiliates, partners, officers, directors, employees, agents, contractors, licensors, and service providers from claims, losses, damages, liabilities, and expenses arising from your breach of these Terms, violation of law, or infringement of third-party rights.
SECTION 18 — SEVERABILITY
If any provision of these Terms is unlawful or unenforceable, the remaining provisions will remain in full force and effect.
SECTION 19 — WAIVER; ENTIRE AGREEMENT
Failure to enforce any right is not a waiver. These Terms and referenced policies constitute the entire agreement between you and HERPERGAMY regarding the Services.
SECTION 20 — ASSIGNMENT
You may not assign these Terms without our prior written consent. We may assign these Terms without notice.
SECTION 21 — GOVERNING LAW
These Terms shall be governed by and construed in accordance with the laws of [INSERT: State/Country where your business is legally established in Shopify settings], without regard to conflict of law principles. You and HERPERGAMY consent to the exclusive jurisdiction and venue of the courts located in [INSERT: same jurisdiction], unless applicable law requires otherwise.
SECTION 22 — HEADINGS
Headings are for convenience only and do not affect interpretation.
SECTION 23 — CHANGES TO TERMS OF SERVICE
We may update these Terms at any time by posting changes on this page. Your continued use of the Services after changes are posted constitutes acceptance of the updated Terms, to the extent permitted by law. We will provide notice of material changes where required.
SECTION 24 — CONTACT INFORMATION
Questions about these Terms should be sent to: