Overview

Welcome to Dreamer's Den! The terms “we,” “us,” and “our” refer to the online (and physical) store Dreamer’s Den. Dreamer’s Den 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”). Dreamer’s Den 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 obligations when using the Services.

Please read these Terms of Service carefully, as they contain important information regarding 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 the 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 have reached the age of majority in your state or region of residence and that you have given us your consent to allow any minor dependents of yours to use the Services on devices you own, purchase, or manage.

In order to use the Services, including accessing or browsing our online stores or purchasing any of the products or services we offer, you may be required to provide certain information, such as your email address, billing, payment, and shipping details. You represent and warrant that all information you provide to us is accurate, current, and complete, and that you have all necessary rights to provide such information.

You are solely responsible for maintaining the security of your account credentials and for all activities conducted 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 provide an accurate representation of our products and services in our online store. However, please note that product colors or images may differ from what appears on your screen due to the type of device you use to access the store and your device settings and configurations. We do not guarantee that the appearance or quality of any products or services you purchase will meet your expectations or match what is displayed or presented in our online stores.

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 the quantities of any product we offer to any person, geographic area, or jurisdiction, as applicable.

SECTION 3 – Orders

When you place an order, you are making an offer to purchase. Dreamer’s Den reserves the right to accept or reject your order for any reason at its sole discretion. Your order will not be accepted until Dreamer’s Den confirms acceptance. We must receive and process your payment before your order is accepted.

Please review your order carefully before submitting it, as Dreamer’s Den may not be able to accommodate cancellation requests once the order has been accepted. If we do not accept, modify, or cancel an order, we will attempt to notify you by contacting the email address, phone number, or billing address provided at the time the order was placed.

Your purchases are subject to return or exchange only in accordance with the Refund Policy.

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

SECTION 4 – Pricing 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 and will be stated in your order confirmation email. Unless otherwise expressly stated, published prices do not include taxes, shipping, handling, customs duties, or import fees.

Prices posted in our online store may differ from prices offered at our physical store or by third-party online or physical retailers.

From time to time, promotions may be available on Products/Services that may affect pricing and are governed by terms and conditions separate from these Terms. In the event of a conflict between promotional terms and these Terms, the promotional terms shall prevail.

You agree to provide current, complete, and accurate purchase, payment, and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address, credit card numbers, and expiration dates, so that we can complete your transactions and contact you when necessary.

You represent and warrant that:
(i) the credit card information you provide is true, accurate, and complete,
(ii) you are duly authorized to use such credit card for the purchase,
(iii) charges incurred by you will be honored by your credit card company,
(iv) you will pay the charges incurred by you at the posted prices, including shipping and handling charges and all applicable taxes.

SECTION 5 – Shipping and Delivery

We are not responsible for shipping and delivery delays. All delivery times are estimates only and are not guaranteed. We are not liable for delays caused by shipping carriers, customs processing, or events beyond our control. Once we deliver the products to the shipping carrier, title and risk of loss pass to you.

SECTION 6 – Intellectual Property

Our Services/Products, including but not limited to all trademarks, brand names, text, displays, images, graphics, product reviews, videos, and audio, as well as their design, selection, and arrangement, are owned by Dreamer’s Den, its affiliates, or licensors and are protected by copyright and other intellectual property laws.

These Terms permit you to use the Services/Products solely for personal, non-commercial use. You must not reproduce, distribute, modify, create derivative works from, publicly display, publicly perform, republish, download, store, or transmit any material from the Services/Products without our prior written consent. Except as expressly provided herein, nothing in these Terms grants or shall be construed as granting any license or other rights to you under any patent, trademark, copyright, or other intellectual property of Dreamer’s Den, Shopify, or any third party.

Unauthorized use of the Services/Products may violate federal and state intellectual property laws. All rights not expressly granted herein are reserved by Dreamer’s Den. The names, logos, product and service names, designs, and slogans of Dreamer’s Den are trademarks of Dreamer’s Den or its affiliates or licensors. You must not use such trademarks without prior written permission from Dreamer’s Den. 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 appearing in the Services are trademarks of their respective owners.

SECTION 7 – Optional Tools

We may provide you with access to customer tools offered by third parties as part of the Services, which we neither monitor nor control nor influence. You acknowledge and agree that we provide access to such tools “as is” and “as available” without warranties, representations, or conditions of any kind and without any endorsement. We shall have no liability arising from or relating to your use of optional third-party tools.

Any use by you of optional tools offered through the website is entirely at your own risk and discretion, and you should ensure that you are familiar with and approve of the terms on which the tools are provided by the relevant third-party providers.

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 considered part of the Services and 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 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 such materials or third-party websites, you do so at your own risk.

We are not liable for any harm or damages related to your access to third-party websites or your purchase or use of products, services, resources, or content on third-party websites. Please review carefully the third party’s policies and practices and make sure you understand them before engaging 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

Dreamer’s Den is powered by Shopify, which enables us to provide the Services to you. However, any sales and purchases you make in our Store are conducted directly with Dreamer’s Den. By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of any sale between you and Dreamer’s Den, including any injury, damage, or loss arising 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 Dreamer’s Den.

SECTION 10 – Privacy Policy

All personal information we collect through the Services is subject to our Privacy Policy, which you may view here, and certain personal information may also be subject to Shopify’s Privacy Policy, which you may view 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 regarding your access to and use of the Services in order to provide and improve the Services. Information you submit through the Services will be transmitted to and shared with Shopify, as well as third parties who may be located in countries other than where you reside, in order to provide their services to you. Please refer to the Privacy Policy 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 ideas, suggestions, comments, 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 commercial use. For example, we may use our rights under this license to operate, provide, evaluate, enhance, improve, and promote the Services, as well as to fulfill our obligations and exercise our rights under these Terms of Service.

You further 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,
(iii) your Feedback will comply with these Terms.

We have no obligation:
(1) to maintain your Feedback in confidence,
(2) to compensate you for your Feedback,
(3) to respond to your Feedback.

We may, but are under no obligation to, monitor, edit, or remove Feedback that we determine in our sole discretion to be unlawful, offensive, threatening, defamatory, libelous, pornographic, obscene, or otherwise objectionable or that 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 rights. You further agree that your Feedback will not contain defamatory or otherwise unlawful, abusive, or obscene material, 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 submit and its accuracy. We assume no responsibility and accept no liability for any Feedback posted by you or any third party.

SECTION 12 – Errors, Inaccuracies, and Omissions

Occasionally there may be information on the Services that contains typographical errors, inaccuracies, or omissions relating 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 only for lawful purposes. 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, state, or local regulations, rules, laws, or 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 discriminate against any of our employees or any other person,
(e) to transmit false or misleading information,
(f) to knowingly send, receive, upload, download, use, or reuse any material that does not comply with 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 person or entity,
(i) to engage in any conduct that restricts or inhibits anyone’s use or enjoyment of the Services or that, as determined by us, may harm Dreamer’s Den, Shopify, or users of the Services, or expose them to liability.

Additionally, 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,
(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) at 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 shall survive 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 which by their nature should survive termination.

SECTION 15 – Disclaimer of Warranties

SECTION 16 – Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL DREAMER'S DEN, OUR AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, PARTNERS, AGENTS, CONTRACTORS, SERVICE PROVIDERS, OR LICENSORS, OR THOSE OF SHOPIFY AND ITS SUBSIDIARIES, 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, WITHOUT LIMITATION, 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 Dreamer’s Den, Shopify, and our affiliates, partners, officers, directors, employees, agents, contractors, licensors, and service providers from and against any losses, damages, liabilities, or claims, including reasonable legal fees, payable to any third party arising out of or resulting from:

(1) your breach of these Terms of Service or the documents incorporated herein by reference,
(2) your violation of any law or the rights of a third party,
(3) your access to and use of the Services.

We will notify you of any indemnification claim, provided that failure to provide prompt notice shall not relieve you of your obligations unless you suffer material prejudice as a result. We may control the defense and settlement of such claim at your expense, including the selection of counsel, but we will not settle any claim requiring non-monetary obligations from you without your consent (which shall not be unreasonably withheld). You agree to cooperate in the defense of indemnification 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 nevertheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed severed from these Terms of Service. Such determination shall not affect the validity and enforceability of any remaining provisions.

SECTION 19 – Waiver; Entire Agreement

Our failure 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 website or in connection with the Service constitute the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications, and proposals, whether oral or written, between you and us (including, without limitation, 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 assign, transfer, or delegate this Agreement or any of your rights or obligations under these Terms without our prior written consent, and any such attempt shall be null and void. We may transfer, assign, or delegate these Terms and our rights and obligations without your 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, state, or territorial courts of the jurisdiction in which Dreamer’s Den is headquartered. You and Dreamer’s Den consent to venue and personal jurisdiction in such courts.

SECTION 22 – Headings

The headings used in this agreement are included for convenience only and shall not limit or otherwise affect these Terms.

SECTION 23 – Changes to the Terms of Service

You may review the most current version of the Terms of Service at any time on this page. We reserve the right, at 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 become 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 regarding the Terms of Service should be sent to us at info.dreamersden@gmail.com .