Terms of service

TERMS OF SERVICE

OVERVIEW

Welcome to Quietly His! The terms “we,” “us,” and “our” refer to Quietly His. Quietly His operates this store and website, including all related information, content, features, tools, products, and services to provide you, the customer, with our shopping experience (the “Services”). Quietly His is powered by Shopify, which enables us to provide the Services to you.

The following 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 acknowledge our Privacy Policy. If you do not agree to these Terms of Service, you should not use or access our Services.

Nothing in these Terms excludes or limits any consumer rights that cannot be excluded or limited under applicable law.

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. If you allow your minor dependents to use the Services on devices you own or manage, you are responsible for supervising their use.

To use the Services, including browsing our online store or purchasing products or services, you may be asked to provide information such as your email address, billing information, payment information, and shipping address. You represent and warrant that the information you provide is correct, current, and complete and that you have all rights necessary to provide it.

You are responsible for maintaining the security of your account credentials and for activity conducted through your account, subject to applicable law. Please contact us promptly if you believe your account has been accessed without authorization.

You may not transfer, sell, assign, or license your account to another person.

SECTION 2 — OUR PRODUCTS

We make every effort to accurately describe and display our products and services. However, colors and product appearance may differ slightly from what appears on your screen due to your device and display settings.

These display differences do not affect your rights if a product is defective or materially different from its description.

Product descriptions may be updated from time to time. Changes will not alter the product specifications or commitments applicable to an order we have already accepted without your agreement.

We reserve the right to discontinue products and to limit quantities offered to a person, geographic region, or jurisdiction, subject to applicable law.

SECTION 3 — ORDERS

When you place an order, you are making an offer to purchase. Quietly His reserves the right to accept or decline an order, subject to applicable law. Your order is not accepted until we confirm acceptance. An automated acknowledgment that we received your order does not, by itself, constitute acceptance.

We must receive and process your payment before accepting your order. Please review your order carefully before submitting it, as we may be unable to accommodate changes or cancellation requests after processing or fulfillment has begun. This does not affect any statutory cancellation rights you may have.

If we decline, change, or cancel an order, we will attempt to notify you using the email address, billing address, or phone number provided at checkout. If we cancel an order after collecting payment, we will refund the amount paid for the canceled items and any associated charges that are no longer applicable.

Returns and exchanges are governed by our Return and Refund Policy, together with any rights available under applicable law.

Products are offered for personal or household use. Commercial resale requires our prior written approval.

SECTION 4 — PRICES AND BILLING

Prices, discounts, and promotions may change without notice. The price charged will be the price displayed when you place your order and recorded in your order confirmation, subject to the handling of pricing errors described in Section 12.

Unless otherwise stated or required by applicable law, posted prices exclude applicable taxes, shipping, handling, customs duties, and import charges. Charges collected by us will be displayed before you submit your order. Any import duties or taxes payable separately are subject to the information provided at checkout and applicable law.

Prices in our online store may differ from prices offered by third parties.

We may offer promotions governed by separate terms. If a promotion’s terms conflict with these Terms, the promotion’s terms will govern that promotion.

You agree to provide current, complete, and accurate purchase, payment, and account information. You agree to update your information as necessary so we can complete transactions and contact you.

You represent that you are authorized to use the payment method provided and authorize us and our payment providers to charge the total amount shown at checkout.

SECTION 5 — SHIPPING AND DELIVERY

Shipping options, charges, and any applicable delivery estimates are provided during the purchase process or in our Shipping Policy.

Unless expressly guaranteed, delivery dates are estimates. Shipping carriers, customs processing, and events outside our reasonable control may affect delivery times. We will address delays and provide any cancellation or refund options required by applicable law.

Please provide a complete and accurate delivery address. If you notice an address error, contact us promptly at jupiglow@gmail.com. We may be unable to change an address after an order has shipped.

If your order is lost, arrives damaged, or does not arrive within the expected delivery period, contact us so we can investigate and arrange an appropriate resolution.

Risk of loss or damage remains with us until you or your designated recipient takes physical possession of the goods, except where applicable law provides otherwise for a carrier independently arranged by you.

SECTION 6 — INTELLECTUAL PROPERTY

The Services, including their text, displays, images, graphics, video, audio, design, selection, and arrangement, are owned by Quietly His, its licensors, or the respective rights holders and are protected by applicable intellectual property laws.

You may use the Services for personal, non-commercial purposes. You may browse the website, allow your browser to cache content, and save or print your order records and reasonable portions of the Services for personal reference.

Except as permitted by law or authorized in writing, you must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, or commercially exploit material from the Services.

Nothing in these Terms grants ownership of, or any license beyond the permissions expressly stated here to, the intellectual property of Quietly His, Shopify, or a third party.

Quietly His’s names, logos, product and service names, designs, and slogans are trademarks or brand identifiers of Quietly His or its licensors. You must not use them without prior written permission, except where permitted by law.

Shopify’s name, logo, product and service names, designs, and slogans are trademarks of Shopify. Other names and marks appearing on the Services belong to their respective owners.

SECTION 7 — OPTIONAL TOOLS

We may provide access to tools offered by third parties that we do not control or operate.

To the extent permitted by applicable law, access to these tools is provided “as is” and “as available,” without warranties, representations, or conditions from us and without an endorsement.

Your use of optional third-party tools is subject to the relevant provider’s terms. Please review those terms before using the tools.

We may introduce additional features, tools, or resources through the Services. Unless separate terms are provided, these Terms will apply to those additions.

Nothing in this section excludes responsibility that cannot lawfully be excluded.

SECTION 8 — THIRD-PARTY LINKS

The Services may contain materials, links, or embedded functionality provided by third parties. We do not control third-party websites and are not responsible for their content or accuracy.

If you access a third-party website, your use of that website is subject to its terms and policies. Please review them before making a purchase or submitting personal information.

To the extent permitted by law, we are not responsible for loss or damage arising from independent third-party websites or transactions you enter into with those third parties.

Complaints or questions about third-party products and services should be directed to the relevant provider. This does not affect our responsibilities for products we sell to you.

SECTION 9 — RELATIONSHIP WITH SHOPIFY

Quietly His 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 Quietly His. By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of any sales between you and Quietly His, 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 Quietly His.

SECTION 10 — PRIVACY POLICY

Personal information we collect through the Services is handled in accordance with our Privacy Policy. Certain personal information may also 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 to provide and improve them.

Information submitted through the Services may be transmitted to Shopify and other service providers, including providers located outside your country of residence, as described in the applicable privacy policies.

Please review our Privacy Policy for details about how we, Shopify, and our service providers handle personal information.

SECTION 11 — FEEDBACK

If you submit ideas, suggestions, reviews, proposals, or other content to us, excluding private order information and customer support correspondence (collectively, “Feedback”), you grant us a non-exclusive, worldwide, sublicensable, royalty-free license to use, reproduce, publish, distribute, display, and adapt that Feedback to operate, improve, and promote the Services, subject to applicable law and our Privacy Policy.

We will not edit a review in a way that materially misrepresents its meaning or use Feedback in a misleading manner.

You represent that you own or have the necessary rights to submit your Feedback, that you have disclosed any compensation or incentives received in connection with it, and that it complies with these Terms.

Unless otherwise agreed, we are not obligated to keep Feedback confidential, compensate you for it, or respond to it.

We may remove Feedback that is unlawful, threatening, abusive, fraudulent, unrelated to the product or Services, or infringes another person’s rights. We will not prohibit or penalize honest reviews merely because they are negative.

Your Feedback must not violate another person’s intellectual property, privacy, or other legal rights. It must not contain malware, unlawful content, or misleading statements about its source.

You may not impersonate another person or use a false identity to submit Feedback. You are responsible for the content and accuracy of your submissions.

SECTION 12 — ERRORS, INACCURACIES, AND OMISSIONS

Information on the Services may occasionally contain errors or omissions relating to product descriptions, pricing, promotions, shipping charges, delivery estimates, or availability.

We reserve the right to correct errors and update information, subject to applicable law.

If an error affects your order, we may contact you to confirm whether you wish to proceed on the corrected terms or cancel the affected order and refund amounts collected. We will not charge an increased price without your agreement.

Nothing in this section limits your rights concerning an order we have accepted or goods that do not match their description.

SECTION 13 — PROHIBITED USES

You may use the Services only for lawful purposes.

You must not:

  • Use the Services for unlawful, fraudulent, or malicious activity.

  • Violate applicable laws or regulations.

  • Infringe our intellectual property rights or another person’s rights.

  • Harass, threaten, abuse, or unlawfully discriminate against employees, customers, or others.

  • Submit false or misleading information.

  • Upload or transmit unlawful content, viruses, or malicious code.

  • Send spam, unsolicited advertising, or deceptive communications.

  • Impersonate another person or organization.

  • Collect or track other users’ personal information without authorization.

  • Interfere with the operation, security, or availability of the Services.

  • Bypass access controls, authorization requirements, or other security measures.

  • Reproduce, sell, resell, or commercially exploit the Services without authorization.

  • Use scraping, automated extraction, or other automated access methods without our authorization, except as expressly permitted under Section 14 or applicable law.

We may suspend or terminate access if we reasonably determine that you have violated these Terms, subject to applicable law.

SECTION 14 — AGENTS

14.1 This section applies if you use, allow, enable, or cause an automated agent to access or interact with the Services. An “Agent” means software or a service that takes autonomous or semi-autonomous actions on behalf of a person or organization without direct supervision of each action.

14.2 An Agent may access the Services only if it identifies itself and complies with this section. An Agent must stop accessing the Services if we request that it do so.

14.3 We may limit whether and how Agents access or interact with the Services, including through technical measures.

14.4 Agents must:

  • Identify themselves in every HTTP or HTTPS request by including “Agent/” immediately followed by the Agent’s actual name in the user-agent string.

  • Not conceal or misrepresent that their interactions are automated.

  • Not impersonate a human or complete or circumvent CAPTCHAs or other measures intended to distinguish automated activity from human activity.

  • Respond truthfully to questions about whether an interaction is automated.

  • Respect measures intended to block, limit, or control automated access.

  • Comply with the other applicable provisions of these Terms.

SECTION 15 — TERMINATION

We may suspend or terminate your access to the Services if you breach these Terms or if reasonably necessary to protect the Services, our customers, or our business, subject to applicable law.

You remain responsible for amounts lawfully due for purchases made before termination. Termination does not remove our obligations regarding accepted orders, refunds, warranties, or statutory consumer rights.

Provisions that by their nature should continue after termination will remain effective, including provisions concerning intellectual property, Feedback licenses, liability, indemnification, dispute resolution, and applicable payment obligations.

SECTION 16 — DISCLAIMER OF WARRANTIES

General informational content on the Services is provided for reference. Although we aim to keep it accurate and current, we do not guarantee that every item of general content is complete, current, or free from error.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WEBSITE FUNCTIONALITY AND GENERAL INFORMATIONAL CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE.” WE DO NOT GUARANTEE THAT ACCESS TO THE WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE.

THIS SECTION DOES NOT DISCLAIM OR LIMIT ANY EXPRESS PRODUCT WARRANTY, PRODUCT DESCRIPTION, OR OTHER COMMITMENT WE MAKE IN CONNECTION WITH A PURCHASE. IT ALSO DOES NOT EXCLUDE IMPLIED WARRANTIES OR STATUTORY RIGHTS THAT CANNOT LAWFULLY BE EXCLUDED, INCLUDING WHERE WE PROVIDE A WRITTEN WARRANTY AND APPLICABLE LAW PROHIBITS SUCH EXCLUSION.

Products remain subject to the warranty terms expressly provided with them and to applicable consumer protection laws.

SECTION 17 — LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, QUIETLY HIS AND ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS, SERVICE PROVIDERS, AND LICENSORS WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL LOSSES ARISING FROM YOUR USE OF THE SERVICES, INCLUDING LOST PROFITS, LOST BUSINESS OPPORTUNITIES, OR LOSS OF DATA.

THE LIMITATIONS IN THESE TERMS APPLY ONLY WHERE LAWFUL. THEY DO NOT EXCLUDE OR LIMIT LIABILITY FOR FRAUD, WILLFUL MISCONDUCT, GROSS NEGLIGENCE, DEATH OR PERSONAL INJURY CAUSED BY NEGLIGENCE, OR ANY OTHER LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

NOTHING IN THESE TERMS REMOVES YOUR RIGHTS TO REFUNDS, REPLACEMENTS, WARRANTY REMEDIES, OR OTHER REMEDIES REQUIRED BY LAW.

Any protections afforded to Shopify and its affiliates under these Terms also apply only to the extent permitted by applicable law.

SECTION 18 — INDEMNIFICATION

To the extent permitted by applicable law, you agree to indemnify and hold harmless Quietly His, Shopify, and their respective affiliates, officers, employees, agents, contractors, licensors, and service providers against third-party claims and reasonable associated costs arising from your unlawful use of the Services, your infringement of another person’s rights, or your material breach of these Terms.

This obligation does not apply to the extent a claim results from the negligence, misconduct, or breach of law of the party seeking indemnification.

We will notify you of a claim for which we seek indemnification and provide a reasonable opportunity to participate in its defense. A delay in notice will reduce your obligations only to the extent it materially prejudices your defense.

We will not agree to a settlement that requires an admission of wrongdoing, a payment by you, or a non-monetary obligation from you without your consent, which must not be unreasonably withheld.

SECTION 19 — SEVERABILITY

If a provision of these Terms is determined to be unlawful, invalid, or unenforceable, it will be enforced only to the extent permitted by law or, where necessary, treated as removed.

The remaining provisions will continue in effect unless applicable law requires otherwise.

SECTION 20 — WAIVER; ENTIRE AGREEMENT

Our failure to exercise or enforce a right or provision of these Terms does not constitute a waiver of that right or provision.

These Terms, together with the policies and any separate terms expressly incorporated into them, form the agreement between you and us concerning your use of the Services.

They do not override express commitments made as part of an accepted purchase or rights that cannot be waived under applicable law.

SECTION 21 — ASSIGNMENT

You may not transfer or assign your rights or obligations under these Terms without our prior written consent, except where permitted by law.

We may transfer these Terms and our related rights and obligations as part of a legitimate business transfer or reorganization, provided the transfer does not reduce your statutory rights or the protections applicable to an existing order. We will provide notice where required by law.

SECTION 22 — GOVERNING LAW

These Terms of Service and any separate agreements under which we provide the Services are governed by the laws of the State of Alabama and applicable United States federal law, without regard to conflict-of-law rules.

Subject to mandatory consumer protection and jurisdiction rules, disputes arising from these Terms will be brought in the state courts located in Montgomery County, Alabama, or the United States District Court for the Middle District of Alabama, where that court has jurisdiction.

If the laws of your place of residence provide mandatory consumer protections or a right to bring proceedings in another court, nothing in these Terms deprives you of those protections or rights.

SECTION 23 — HEADINGS

Headings are included for convenience and do not limit or otherwise affect the meaning of these Terms.

SECTION 24 — CHANGES TO TERMS OF SERVICE

You can review the current version of these Terms on this page.

We may update these Terms from time to time by posting a revised version on our website. We will provide notice of material changes where required by applicable law and specify when those changes take effect.

Changes will apply prospectively and will not retroactively alter an order already accepted without your agreement, except where required by law.

Your continued use of the Services after revised Terms take effect constitutes acceptance of those Terms to the extent permitted by applicable law.

SECTION 25 — CONTACT INFORMATION

Questions about these Terms of Service should be sent to jupiglow@gmail.com.

Trading name: Quietly His
Email: jupiglow@gmail.com
Phone: (334) 578-4954
Business address: 7944 Atlanta Highway, Montgomery, AL 36117, United States
Website: https://quietlyhis.com