Terms of service
OVERVIEW
Welcome to wellviva! The terms "we", "us" and "our" refer to wellviva. wellviva 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"). wellviva is powered by Shopify, which enables us to provide the Services to you.
The below terms and conditions, together with any policies referenced herein (these "Terms of Service" or "Terms") describe your rights and responsibilities when you use the Services. Please read these Terms of Service carefully, as 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 of Service and our Privacy Policy. If you do not agree to these Terms of Service or Privacy Policy, you should not use or access our Services.
SECTION 1 - ACCESS AND ACCOUNT
By agreeing to these Terms of Service, you represent that you are at least 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 the Services on devices you own, purchase or manage.
To use the Services, including accessing or browsing our online stores or purchasing any of the products or services we offer, you may be asked to provide certain information, such as your email address, billing, payment, and shipping information. You represent and warrant that all the information you provide in our stores is correct, current and complete and that you have all rights necessary to provide this information.
You are solely responsible for maintaining the security of your account credentials and for all of your account activity. You may not transfer, sell, assign, or license your account to any other person.
SECTION 2 - OUR PRODUCTS
We have made every effort to provide an accurate representation of our products and services in our online stores. However, please note that colors or product appearance may differ from how they may appear on your screen due to the type of device you use to access the store and your device settings and configuration.
We do not warrant that the appearance or quality of any products or services purchased by you will meet your expectations or be the same as depicted or rendered in our online stores.
All descriptions of products 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 the quantities of any products that we offer to any person, geographic region or jurisdiction, on a case-by-case basis.
SECTION 3 - ORDERS AND ETSY TRANSACTIONS
Please note that wellviva showcases products on this website but processes checkout, transactions, and payments through our official Etsy store. When you click to purchase an item, you will be redirected to Etsy to complete your order. Therefore, all final billing, order acceptances, cancellation requests, and transaction security are subject to Etsy's platform terms and conditions.
Your purchases are subject to return or exchange solely in accordance with our Refund Policy as hosted on our store or via Etsy's official resolution channels. You represent and warrant that your purchases are for your own 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 for a product or service will be the price in effect at the time the order is placed on Etsy. As stated in our Shipping Policy, we practice 100% pricing transparency; the final price at checkout is all-inclusive, and there are absolutely no hidden fees or unexpected delivery charges upon arrival.
You agree to provide current, complete and accurate purchase, payment and account information for all purchases. You represent and warrant that you are duly authorized to use your chosen payment method on Etsy and that all charges incurred by you will be honored by your financial institution.
SECTION 5 - SHIPPING, DELIVERY, AND INSURANCE
We partners with premium carriers (such as FedEx, DHL, or UPS) to deliver our handcrafted furniture worldwide. All delivery times provided are estimates only. While standard shipping risks technically transfer to the carrier upon shipment, wellviva fully insures all furniture shipments. If your package or product arrives damaged during transit, wellviva will swiftly work to provide a replacement or resolution, provided you follow the reporting steps outlined in our Shipping Policy. We are not liable for customs delays or events completely outside our control.
SECTION 6 - INTELLECTUAL PROPERTY
Our Services, including but not limited to all trademarks, brands, text, displays, images, graphics, product reviews, video, and audio, and the design, selection, and arrangement thereof, are owned by wellviva, its affiliates or licensors and are protected by U.S. and foreign patent, copyright and other intellectual property laws.
These Terms permit you to use the Services for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on the Services without our prior written consent. Unauthorized use of the Services may be a violation of federal and state intellectual property laws. All rights not expressly granted herein are reserved by wellviva.
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.
SECTION 8 - THIRD-PARTY LINKS AND ETSY PLATFORM
Our Services heavily rely on hyperlinks to our official storefront on Etsy. We are not responsible for examining or evaluating the content, practices, or accuracy of any third-party websites, including Etsy. Once you leave our website to complete a transaction, your interactions are governed by that platform's specific rules. Please review carefully the third-party's policies and practices before you engage in any transaction.
SECTION 9 - RELATIONSHIP WITH SHOPIFY
wellviva is powered by Shopify, which enables us to host our website and showcase our portfolio to you. However, any sales and purchases you make are processed directly through our integrated Etsy store. By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of any sales, injury, damage, or loss resulting from purchased products.
SECTION 10 - PRIVACY POLICY
All personal information we collect through the Services is subject to our Privacy Policy, and certain personal information may be subject to Shopify's Privacy Policy. 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 platform.
SECTION 11 - FEEDBACK AND REVIEWS
If you submit, upload, post, email, or otherwise transmit any ideas, suggestions, feedback, reviews, or proposals (collectively, "Feedback"), you grant us a perpetual, worldwide, royalty-free license to use, reproduce, modify, publish, and display such Feedback in any medium, including for marketing and social proof on our Shopify website. 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 if any information is inaccurate at any time without prior notice.
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 for any unlawful purpose, to infringe upon our intellectual property, or to harass or harm any person.
In addition, you agree not to: upload viruses, scrape or extract data using automated means, use AI scraping tools (such as agentic AI) without authorization, or interfere with the security or authorization features of the website. We reserve the right to suspend or block your access to the website if you violate these Terms.
SECTION 14 - AUTOMATED AGENTS AND BOTS
14.1 This section ("Agent Terms") applies if you use, allow, enable, or cause the deployment of an Agent to access, use, or interact with any Services. "Agent" means any software, bot, or service that takes autonomous or semi-autonomous action on behalf of, or at the instruction of, any person or entity.
14.2 No Agent may access, use, or interact with Services unless, at all times, it identifies itself and operates in strict accordance with the requirements in section 14.4 below.
14.3 We may limit, including by technical measures, whether and how any Agent accesses, uses, and interacts with Services.
14.4 Agents must: (i) in all HTTP/HTTPS requests, identify that the request is from an Agent and disclose the name of the Agent by including the following in the request's user agent string: "Agent/[agent name]"; (ii) not conceal or obfuscate that any access, use, or interactions are from an Agent, (iii) respond truthfully to any question or prompt seeking to determine if interactions are coming from a human or a computer.
SECTION 15 - 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. Provisions regarding Intellectual Property, Feedback, Disclaimer of Warranties, and Limitation of Liability shall survive termination.
SECTION 16 - DISCLAIMER OF WARRANTIES
The information presented on this website is for general information purposes only. EXCEPT AS EXPRESSLY STATED BY wellviva, THE SERVICES AND ALL PRODUCTS OFFERED ARE PROVIDED 'AS IS' AND 'AS AVAILABLE' FOR YOUR USE, WITHOUT ANY REPRESENTATION, WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED. WE DO NOT GUARANTEE THAT YOUR USE OF OUR WEBSITE WILL BE UNINTERRUPTED, SECURE OR ERROR-FREE.
SECTION 17 - LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO CASE SHALL wellviva, OUR PARTNERS, DIRECTORS, OFFICERS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INJURY, LOSS, CLAIM, OR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, ARISING FROM YOUR USE OF ANY OF THE SERVICES OR ANY PRODUCTS PROCURED, EXCEPT AS COVERED BY OUR EXPLICIT CARRIER INSURANCE POLICY FOR TRANSIT DAMAGES.
SECTION 18 - INDEMNIFICATION
You agree to indemnify, defend and hold harmless wellviva, Shopify, and our affiliates from any losses, damages, liabilities or claims, including reasonable attorneys' fees, due to or arising out of your breach of these Terms of Service or your violation of any law or the rights of a third party.
SECTION 19 - 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.
SECTION 20 - 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 constitute the entire agreement between you and us regarding the use of our website.
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 laws of the jurisdiction where wellviva is headquartered.
SECTION 22 - CHANGES TO TERMS OF SERVICE
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. Your continued use of or access to our website following the posting of any changes constitutes acceptance of those changes.