Terms of Service

Overview

Welcome to New Hour Clothing! The terms "we," "us," and "our" refer to New Hour Clothing. New Hour Clothing 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"). New Hour Clothing is powered by Shopify, which enables us to provide the Services to you.

These 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.

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 store or purchasing any 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 information you provide 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 activity associated with your account. You may not transfer, sell, assign, or license your account to any other person.

2. Our Products

We have made every effort to provide an accurate representation of our products and services. However, colors or product appearance may differ from how they appear on your screen due to the device, display settings, or configuration you use.

We do not warrant that the appearance or quality of any products or services purchased by you will meet your expectations or be identical to how they are depicted on our website.

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 offered to any person, geographic region, or jurisdiction.

3. Orders

When you place an order, you are making an offer to purchase. New Hour Clothing reserves the right to accept or decline your order for any reason at its discretion.

Your order is not accepted until New Hour Clothing confirms acceptance. We must receive and process your payment before your order is accepted.

Please review your order carefully before submitting it, as we may be unable to accommodate cancellation requests after an order has been accepted.

If we do not accept, modify, or cancel an order, we will attempt to notify you using the email address, billing information, or phone number provided when the order was placed.

Purchases are subject to returns or exchanges solely in accordance with our Return Policy.

You represent and warrant that your purchases are for your own personal or household use and not for commercial resale or export.

4. Prices and Billing

Prices, discounts, and promotions are subject to change without notice. The price charged for a product will be the price in effect when the order is placed and will be shown in your order confirmation.

Unless otherwise stated, posted prices do not include applicable taxes, shipping, handling, customs duties, or import charges.

Prices available through our online store may differ from prices offered at our physical retail location or through third-party retailers.

We may occasionally offer promotions that are governed by additional terms. If the terms of a promotion conflict with these Terms of Service, the terms of the promotion will control.

You agree to provide current, complete, and accurate purchase, payment, and account information for all purchases made through our store.

You represent and warrant that the payment information you provide is accurate, that you are authorized to use the applicable payment method, and that you will pay all charges associated with your purchase, including applicable shipping costs and taxes.

5. Shipping and Delivery

All delivery times are estimates and are not guaranteed. New Hour Clothing is not responsible for delays caused by shipping carriers, customs processing, weather, or other circumstances outside our control.

Once products have been transferred to the shipping carrier, title and risk of loss pass to you to the extent permitted by applicable law.

6. Intellectual Property

Our Services, including trademarks, brand names, text, images, graphics, product reviews, video, audio, website design, and other content, are owned by New Hour Clothing, its affiliates, or its licensors and are protected by applicable intellectual property laws.

These Terms permit you to use the Services for personal, non-commercial purposes only.

You may not reproduce, distribute, modify, create derivative works from, publicly display, publicly perform, republish, download, store, or transmit material from the Services without our prior written consent.

New Hour Clothing's names, logos, product names, designs, and slogans may be trademarks of New Hour Clothing or their respective owners. You may not use these trademarks without prior written permission.

7. Optional Tools

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

Access to such tools is provided "as is" and "as available" without warranties, representations, or endorsements of any kind.

Any use of third-party tools is entirely at your own risk and discretion. You should review and understand the applicable third-party terms before using those services.

We may introduce additional features, tools, or resources in the future. Such features will also be considered part of the Services and subject to these Terms.

8. Third-Party Links

The Services may contain links or functionality provided by third parties. We are not responsible for examining or evaluating the content, accuracy, availability, or policies of third-party websites or services.

If you choose to access a third-party website, you do so at your own risk.

We are not liable for damages related to your use of third-party websites, products, services, or content. Questions or concerns regarding third-party products or services should be directed to the applicable third party.

9. Relationship With Shopify

New Hour Clothing is powered by Shopify, which enables us to provide the Services to you. However, all purchases from our store are transactions directly between you and New Hour Clothing.

By using the Services, you acknowledge that Shopify is not responsible for any aspect of sales between you and New Hour Clothing, including any injury, damage, or loss resulting from products purchased through our store.

To the extent permitted by law, you release Shopify and its affiliates from claims, damages, and liabilities arising from or related to purchases and transactions made with New Hour Clothing.

10. Privacy Policy

Personal information collected through the Services is subject to our Privacy Policy.

Because our Services are hosted by Shopify, Shopify may collect and process certain personal information relating to your access and use of the Services in order to provide and improve the platform.

Information submitted through our website may be transmitted to Shopify and other service providers that assist us in operating the store.

Please review our Privacy Policy for additional information regarding how personal information is collected, used, and shared.

11. Feedback

If you submit, upload, post, email, or otherwise provide ideas, suggestions, feedback, reviews, proposals, plans, photographs, or other content ("Feedback"), you grant New Hour Clothing a perpetual, worldwide, sublicensable, royalty-free license to use, reproduce, modify, publish, distribute, and display that Feedback for purposes including operating, improving, and promoting our Services.

You represent that you own or have the necessary rights to any Feedback you provide and that your Feedback does not violate the rights of any third party.

We have no obligation to maintain Feedback in confidence, provide compensation for Feedback, or respond to Feedback.

We may monitor, edit, or remove Feedback that we determine is unlawful, offensive, defamatory, obscene, infringing, or otherwise inappropriate.

12. Errors, Inaccuracies, and Omissions

Occasionally, information on our website may contain typographical errors, inaccuracies, or omissions relating to product descriptions, pricing, promotions, offers, shipping charges, transit times, or product availability.

We reserve the right to correct errors, inaccuracies, or omissions and to change or update information or cancel orders if information is inaccurate, including after an order has been submitted.

13. Prohibited Uses

You may access and use the Services only for lawful purposes.

You may not use the Services to:

• Violate any applicable law or regulation.
• Infringe upon intellectual property or other rights.
• Harass, abuse, threaten, defame, or harm another person.
• Transmit false or misleading information.
• Distribute spam, unsolicited advertising, chain letters, or similar communications.
• Impersonate another person or organization.
• Upload viruses, malicious code, or harmful software.
• Collect or track the personal information of others without authorization.
• Attempt to bypass security measures or access restricted portions of the Services.
• Reproduce, sell, resell, scrape, extract, or exploit the Services without authorization.

We reserve the right to suspend, disable, or terminate access to the Services if we determine that these Terms have been violated.

14. Automated Agents

Automated or semi-automated software, services, bots, crawlers, or agents may not access or interact with the Services in a manner that conceals their automated nature, circumvents security measures, bypasses CAPTCHAs, or violates restrictions placed on automated access.

We reserve the right to restrict or block automated access to the Services.

15. Termination

We may terminate or suspend your access to the Services, or any portion of the Services, at our discretion where permitted by applicable law.

You will remain responsible for amounts owed through the date of termination.

Provisions relating to intellectual property, feedback, warranties, liability, indemnification, governing law, and any other provisions that by their nature should survive termination will remain in effect.

16. Disclaimer of Warranties

Information presented through the Services is provided for general informational purposes. We do not warrant the accuracy, completeness, or usefulness of such information.

To the fullest extent permitted by applicable law, the Services and products offered through the Services are provided "as is" and "as available," without representations, warranties, or conditions of any kind, either express or implied.

We do not guarantee that use of the Services will be uninterrupted, timely, secure, or error-free.

Some jurisdictions do not allow certain warranty exclusions, so some of these exclusions may not apply to you.

17. Limitation of Liability

To the fullest extent permitted by law, New Hour Clothing, its owners, affiliates, partners, employees, agents, contractors, service providers, licensors, Shopify, and Shopify's affiliates will not be liable for indirect, incidental, punitive, special, or consequential damages arising from your use of the Services or products purchased through the Services.

This includes, without limitation, lost profits, lost revenue, lost savings, loss of data, replacement costs, or similar damages, whether based in contract, tort, negligence, strict liability, or otherwise.

Nothing in these Terms limits liability where such limitation would be prohibited by applicable law.

18. Indemnification

You agree to indemnify, defend, and hold harmless New Hour Clothing, Shopify, and their respective affiliates, owners, partners, directors, employees, agents, contractors, licensors, and service providers from claims, damages, liabilities, losses, and reasonable attorneys' fees arising from:

• Your breach of these Terms of Service.
• Your violation of applicable law.
• Your violation of the rights of another person or entity.
• Your access to or use of the Services.

19. Severability

If any provision of these Terms is determined to be unlawful, invalid, or unenforceable, that provision will be enforceable to the fullest extent permitted by law and the unenforceable portion will be considered severed from these Terms.

The remaining provisions will continue in full force and effect.

20. Waiver and Entire Agreement

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

These Terms of Service, together with any policies posted on our website, constitute the entire agreement between you and New Hour Clothing regarding your use of the Services and supersede prior agreements or communications relating to the Services.

21. Assignment

You may not transfer or assign your rights or obligations under these Terms without our prior written consent.

New Hour Clothing may transfer, assign, or delegate its rights and obligations under these Terms where permitted by law.

22. Governing Law

These Terms of Service and any agreements through which New Hour Clothing provides Services will be governed by and construed in accordance with applicable laws in the jurisdiction where New Hour Clothing is headquartered.

You and New Hour Clothing consent to the jurisdiction and venue of applicable courts in that jurisdiction, subject to any rights provided to consumers under applicable law.

23. Headings

The headings used in these Terms are included for convenience only and will not limit or otherwise affect the interpretation of these Terms.

24. Changes to These Terms

You can review the most current version of these Terms of Service at any time on this page.

We reserve the right to update, change, or replace any portion of these Terms by posting updated Terms on our website.

Where required by applicable law, we will provide notice of material changes. Continued use of the Services after updated Terms become effective constitutes acceptance of those changes.

25. Contact Information

Questions regarding these Terms of Service may be sent to:

New Hour Clothing
527 Bangs Ave, Suite 103
Asbury Park, NJ 07712
Email: connor@newhourclothing.com