Terms of Service

Overview

Welcome to Hollyfolk! "We", "us" and "our" refer to Agentnet LLC, the company that operates Hollyfolk. Hollyfolk 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"). Hollyfolk is powered by Shopify Inc., Shopify Commerce Singapore Pte. Ltd. or Shopify International Limited (depending on Hollyfolk's location), which enables us to provide the Services to you.

The following terms and conditions, together with any policies referenced herein (collectively, these "Terms of Service"), describe your rights and responsibilities when using the Services. Please read these Terms of Service carefully, as they contain important information about your legal rights and cover areas such as disclaimers and limitations of liability.

By accessing, 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, do not use or access the Services. These Terms of Service do not limit any rights you may have under applicable consumer protection laws, or any other non-waivable statutory rights.

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 that you have given us your consent to allow any of your minor dependents to use the Services on devices that 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 in our store is accurate, 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 under 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 accurately display our products and services in our online store. However, please note that, due to the type of device you use to access the store and your device settings and configuration, colors or product appearance may differ from how they appear on screen. We do not guarantee that the appearance or quality of any product or service you purchase will meet your expectations, or be identical to how it is depicted or presented in our online store. 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, on a case-by-case basis, limit the quantities of any product we offer to any person, geographic region or jurisdiction.

3. Orders

By placing an order, you are making an offer to purchase and authorizing us and our payment processors to charge the total amount of your order to your chosen payment method. Hollyfolk reserves the right, at its sole discretion and in accordance with applicable law, to accept or reject your order for any reason. Your order is only considered accepted once Hollyfolk confirms acceptance. Before your order is accepted, we must receive and process your payment. Please review your order carefully before submitting it, as once an order is accepted, Hollyfolk may be unable to accommodate cancellation requests. If we do not accept, modify or cancel an order, we may attempt to notify you by contacting the email address, billing address and/or phone number provided at the time the order was made. Products you purchase may only be returned or exchanged in accordance with our Returns and Refund Policy. This does not limit any rights you may have under applicable law. You represent and warrant that the products you purchase are for your 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 or service will be the price in effect at the time the order is placed, and will be set out in your order confirmation email. Unless otherwise expressly stated, posted prices do not include taxes, shipping, handling, customs or import charges. Prices posted in our online store may differ from prices offered in physical stores, or in online or other stores operated by third parties. We may from time to time offer promotions on the Services that may affect pricing and that are governed by terms and conditions separate from these Terms of Service. If there is a conflict between the terms of a promotion and these Terms of Service, the promotion terms will govern. 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 as needed. You represent and warrant that (1) you are authorized to use the payment method you provide, (2) the information you provide for this payment method is true, accurate and complete, (3) charges incurred by you will be honored by your payment method provider, and (4) you will pay the charges you incur at the posted prices, including shipping and handling charges and all applicable taxes, if any.

5. Shipping and Delivery

Unless otherwise stated, we are not responsible for shipping and delivery delays. All delivery times are estimates only and are not guaranteed. We are not responsible for delays caused by shipping carriers, customs processing, or events beyond our control. To the maximum extent permitted by applicable law, title and risk of loss pass to you when we transfer the products to the carrier, unless otherwise provided by applicable law. We are not responsible for delays or failures caused by events beyond our reasonable control, including carrier or customs delays, natural disasters, severe weather, labor disputes, supply shortages, utility or telecommunications outages, network incidents, government actions or other similar events. Please refer to our Shipping Policy for more details.

6. Intellectual Property

Our Services, including but not limited to all trademarks, branding, text, images, graphics, product reviews, video and audio, are owned by Hollyfolk, its affiliates or licensors, and are protected by the trademark, copyright and other intellectual property laws of the United States and other countries. Likewise, product pages are managed and owned by Hollyfolk. Purchasing or receiving any product does not grant or confer any intellectual property rights in the product itself, its design, software or underlying technology (including any patent, copyright, trademark or other proprietary rights). All such rights remain the exclusive property of Hollyfolk or the original rights holder. This section only permits you to use the Services for personal, non-commercial use. Without our prior written consent, you may not copy, distribute, modify, create derivative works from, publicly display, publicly perform, republish, download, store or transmit any material on the Services. Except as expressly provided herein, nothing in these Terms of Service grants, or shall be construed as granting, you any license or other right under any patent, trademark, copyright or other intellectual property of Hollyfolk, Shopify or any third party. Unauthorized use of the Services may violate applicable intellectual property laws or other laws. All rights not expressly granted herein are reserved by Hollyfolk. Hollyfolk's name, logo, product and service names, designs and slogans are trademarks of Hollyfolk or its affiliates or licensors. You may not use such marks without Hollyfolk's prior written permission. 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 on the Services are the trademarks of their respective owners.

7. Optional Tools

As part of the Services, we may provide you with access to third-party tools over which we neither monitor nor have any control or 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. 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 tools are provided by the relevant third-party provider(s). In the future, we may also offer new features through the Services (including the release of new tools and resources). Such new features shall also be deemed part of the Services and shall be subject to these Terms of Service.

8. Third-Party Links

The Services may contain materials and hyperlinks to websites provided or operated by third parties (including any embedded third-party functionality). We are not responsible for examining or evaluating the content or accuracy of any third-party materials or websites that you choose to access. If you decide to leave the Services to access these 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 any third-party website, or your purchase or use of products, services, resources or content on any third-party website. Please review carefully the third party's policies and practices, and make sure you understand them before you engage in any transaction. Any complaints, claims, concerns or questions regarding third-party products and services should be directed to the third party.

9. Relationship with Shopify

Hollyfolk is powered by Shopify, which enables us to provide the Services to you. When you use the Services, your device communicates with Shopify's systems to provide the Services. Section 10 explains how Shopify uses and processes information from these interactions. However, any purchase or sale you make in our store is made directly with Hollyfolk. By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of the sale between you and Hollyfolk, including any injury, damage or loss resulting from products and services purchased. You hereby expressly release Shopify and its affiliates from any and all claims, damages and liabilities arising from or relating to purchases and transactions between you and Hollyfolk.

10. Privacy Policy

Our Privacy Policy explains how we may collect, use and disclose certain personal information you provide when using the Services. By using the Services, you acknowledge that you have read this Privacy Policy. Because the Services are hosted by Shopify, when you browse the Services and interact with them, Shopify collects, uses, processes and stores personal information about your visit to and use of the Services (including information about your transactions). Shopify may use this information for purposes including but not limited to: providing, securing and improving the Services; processing transactions; and helping to prevent fraud on this website and other Shopify-powered websites. Information collected when you access or use the Services (including automatically collected information about your browsing activity) will be transferred to and shared with Shopify and third parties who may be located in countries other than your country of residence, in order to provide the Services to you. Please review our Privacy Policy and Shopify's Privacy Policy for more details on how we, Shopify and its partners use your personal information.

11. Feedback

If you submit, upload, post, email or otherwise transmit any ideas, suggestions, feedback, comments, proposals, plans or other content (collectively, "Feedback"), you grant us a perpetual, worldwide, sublicensable and royalty-free license to use, reproduce, modify, publish, distribute and display such Feedback in any medium for any purpose, including commercial purposes. For example, we may use the rights under this license to operate, provide, evaluate, enhance, improve and promote the Services, and to perform our obligations and exercise our rights under these Terms of Service. You also represent and warrant that: (1) you own all Feedback, or have all rights necessary in relation to it; (2) you have disclosed any compensation or incentives received in connection with submitting the Feedback; and (3) your Feedback will comply with these Terms of Service. We are under no obligation, now or in the future, to (a) keep your Feedback confidential; (b) pay compensation for your Feedback; or (c) 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, disparaging, 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, nor 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 make and its accuracy. We take no responsibility or liability for any Feedback posted by you or any third party.

12. Errors, Inaccuracies and Omissions

Occasionally, the Services may contain information with typographical errors, inaccuracies or omissions relating to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. If any information is inaccurate, we reserve the right to correct any errors, inaccuracies or omissions, to change or update information, and to cancel orders, including after an order has been submitted. If an order is cancelled after payment has been charged, we will issue all refunds required by applicable law.

13. Prohibited Uses

13.1

You may only access and use the Services for lawful purposes. You may not, directly or indirectly, access or use the Services: (a) for any unlawful or malicious purpose; (b) to violate any international, federal, provincial or state regulations, rules, laws or local 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 harm any of our employees or any other person; (e) to transmit false or misleading information; (f) to send, knowingly receive, upload, download, use or re-use any material that does not comply with these Terms of Service; (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 other person or entity; or (i) to engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Services, or which, as determined by us, may harm Hollyfolk, Shopify or users of the Services, or expose them to liability.

13.2

In addition, 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, scrape, sell, resell or exploit any portion of the Services; (c) collect or track the personal information of others; (d) engage in spamming, phishing, fraud or pretexting directed at the Services; (e) use any robot, spider, scraper, data collection and extraction tool, automated device or process, AI tool (for example, agentic AI), or automated or manual means to access the Services; or (f) interfere with, circumvent or evade security or authorization features, robots exclusion headers, or other measures we use to restrict access to the Services. If we determine that you have violated any part of this section, we reserve the right to suspend, disable or terminate your account at any time without notice.

14. Agents

14.1

If you use, allow, enable or cause the deployment of an agent to access, use or interact with any of the Services, this section (the "Agent Terms") applies. "Agent" means any software or service that takes autonomous or semi-autonomous action on behalf of, or at the direction of, any person or entity, and that may act on behalf of any person, or operate using an individual's device without direct supervision.

14.2

No agent may access, use or interact with the Services unless it identifies itself at all times and operates in strict compliance with the requirements of Section 14.4 below. In addition, if we have requested that the relevant agent refrain from accessing, using or interacting with any of the Services, that agent must not engage in such activities.

14.3

We may, through technical measures or otherwise, restrict whether and how any agent is able to access, use and interact with the Services.

14.4

Agents must: (a) in all HTTP/HTTPS requests, indicate that the request comes from an agent, and include the following in the request's user agent string to disclose the agent's name: "Agent/[agent name]"; (b) not conceal or obscure the fact that any access, use or interaction comes from an agent, for example by (i) imitating human behavior and interaction patterns, or (ii) completing or circumventing CAPTCHAs or other measures designed to distinguish computer use from human use; (c) answer truthfully any question or prompt designed to determine whether an interaction comes from a human or a computer; and (d) not circumvent or otherwise avoid any measure designed to prevent, restrict, modify or control whether and how an agent is able to access, use or interact with the Services.

15. Termination

We may terminate this agreement or your access to the Services (or any part thereof) at any time, at our sole discretion, without notice, and you remain liable for all amounts due up to and including the date of termination. The following sections will survive any termination: Intellectual Property, Feedback, Termination, Disclaimer, Limitation of Liability, Indemnification, Severability, Waiver; Entire Agreement, Assignment, Governing Law, Privacy Policy, and any other provisions that by their nature should survive termination.

16. Disclaimer

The information presented on or through the Services is made available solely for general information purposes. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Services, or by anyone who may be informed of any of its contents.

Unless expressly stated by Hollyfolk, the Services and all products offered through the Services are provided to you for your use "as is" and "as available", without any representations, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title and non-infringement. We do not guarantee, represent or warrant that your use of the Services will be uninterrupted, timely, secure or error-free. Some jurisdictions limit or do not allow the disclaimer of implied or other warranties, so the above disclaimer may not apply to you.

17. Limitation of Liability

To the maximum extent permitted by law, in no event shall Hollyfolk, our partners, directors, officers, employees, affiliates, agents, contractors, service providers or licensors, or those of Shopify and its affiliates, 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 purchased through the Services. We shall also not be liable for any claims related 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 through the Services, even if advised of their possibility. Nothing in these Terms of Service excludes or limits any liability that cannot be excluded or limited under applicable law.

18. Indemnification

You agree to indemnify, defend and hold harmless Hollyfolk, Shopify and our affiliates, partners, officers, directors, employees, agents, contractors, licensors and service providers from any loss, damages, liability or claim (including reasonable attorneys' fees) payable to any third party due to or arising out of: (1) your breach of these Terms of Service or the documents referenced herein, (2) your violation of any law or the rights of a third party, or (3) your access to and use of the Services. We will give you notice of any indemnifiable claim, and failure to provide such notice will not relieve you of your obligations in that regard, except to the extent you suffer material prejudice as a result of the failure to give timely notice. We may, at our own expense, control the defense and resolution of any such claim, including designating defense counsel, but we will not settle any claim that requires you to bear a non-monetary obligation without your consent (which shall not be unreasonably withheld). You will assist in the defense of an indemnified claim, including by providing relevant documents.

19. Severability

If 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 of Service, and such determination shall not affect the validity and enforceability of any other remaining provisions. Nothing in this section limits any rights you may have under applicable consumer protection laws or other laws that cannot be waived by contract. If any part of this section conflicts with those rights, those rights will prevail.

20. Waiver; 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 of Service and any policies or operating rules posted by us on this website or in respect to the Services constitute the entire agreement and understanding between you and us and govern your use of the Services, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, 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.

21. Assignment

Without our prior written consent, you may not delegate, convey or assign this agreement or any of your rights or obligations under these Terms, and any such attempt is void. We may convey, assign or delegate these Terms and our rights and obligations without obtaining your consent or giving you notice.

22. Governing Law

These Terms are governed by the laws of the jurisdiction where Agentnet LLC is headquartered or incorporated, without regard to conflict of law principles. Unless prohibited by applicable law, you and Agentnet LLC agree that the courts located in that jurisdiction shall have jurisdiction and shall serve as the venue. You and Agentnet LLC agree that such courts have venue and personal jurisdiction. Nothing in this section limits any right you may have to bring a claim in your local courts or to rely on mandatory laws applicable in your place of residence.

23. Translations

The Terms of Service may be provided in versions in languages other than English. If there is any inconsistency or conflict between the English version of the Terms of Service and any other language version, the most current English version shall prevail. Unless Hollyfolk decides otherwise (at its sole discretion) or applicable law requires otherwise, any dispute arising under these Terms of Service shall be resolved in English.

24. Headings

The headings contained in this agreement are for convenience only and will not limit or otherwise affect these Terms.

25. Electronic Communications

By using the Services or placing an order, you agree that we may send you transactional and service-related communications by electronic means, including by email, in-account notifications or postings on the Services. Such communications may concern your orders, your account, purchased products, returns, these Terms of Service or other service-related matters. You are responsible for keeping your contact information current.

26. Changes to Terms of Service

You can 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 of Service in accordance with applicable law, and such changes will take effect from the date specified in the notice. If, after any changes to these Terms of Service are made and posted, you continue to use or access the Services, you are accepting those changes.

27. Contact Information

Questions about the Terms of Service should be sent to us at support@hollyfolk.shop.

Our contact information is posted in our Contact Information Policy.