Terms of service
1. Shipping Policy
Processing Time All orders are processed within 1–2 business days of purchase.
Shipping Time
- United States: 7–9 business days after processing.
- All other destinations: shipping times vary by location and will be confirmed at checkout as we open each new country to Duvella.
Shipping Cost Free shipping on all orders, with no minimum purchase required, to every destination we currently ship to.
Order Tracking You will receive a tracking number by email as soon as your order ships.
Customs, Duties & Import Taxes (International Orders) Orders shipped outside the United States may be subject to import duties, taxes, or customs fees charged by your country's customs authority. Unless collected at checkout, these charges are the customer's responsibility and are not included in the item price or shipping cost. We recommend checking with your local customs office before ordering if you are unsure.
Delays Duvella is not responsible for delays caused by customs, carriers, weather, or other events outside our control. If your order is significantly delayed, email us at hushhugecom@use.startmail.com and we'll help track it down.
Lost or Stolen Packages Duvella is not responsible for packages the carrier marks as delivered that are later lost or stolen. Contact us and we will do our best to help resolve the issue with the carrier.
2. Refund & Return Policy — 30-Night Guarantee
(Merged from Shopify's generated return policy template + our own facts — with one important fix explained below the policy.)
We want you to actually sleep better, not just buy a blanket — that's why every Duvella blanket comes with a 30-night trial. You have 30 days after receiving your item to request a return.
Trial Condition (Important) Because this is a sleep trial, we expect — and want — you to actually use the blanket to see if it works for you. To qualify for a return, the item just needs to be in good, reusable condition; normal signs of use during the trial period are expected and completely fine. We may decline or reduce a refund if the item comes back heavily damaged, stained beyond normal use, or missing parts (such as the removable cover). We do not require original packaging or tags. You'll also need your receipt or proof of purchase.
How to Start a Return Contact us at hushhugecom@use.startmail.com. Once your return is approved, we'll send you a prepaid return shipping label and instructions on how and where to send your package — return shipping is free, at no cost to you. Returns sent back without an approved request first may not be accepted.
Returns should be shipped to: [INSERT RETURN ADDRESS]
Damages and Issues Please inspect your order as soon as it arrives and contact us right away if the item is defective, damaged, or if you received the wrong item, so we can evaluate the issue and make it right.
Exceptions Duvella currently sells a single product line (weighted blankets) and no gift cards, so common ecommerce exclusions (perishable goods, custom/personalized orders, personal care items, hazardous materials, final-sale items, gift cards) don't apply here — every blanket purchase, including multi-blanket bundles, qualifies for the full 30-night guarantee. If we add new products later, we'll update this section.
Exchanges The fastest way to get what you want is to return the item you have, and once that return is accepted, place a separate order for the new item.
Order Cancellations Orders can be cancelled free of charge within 12 hours of purchase, before the order enters processing. Contact us as soon as possible at hushhugecom@use.startmail.com.
European Union 14-Day Right of Withdrawal Separately from our own 30-night guarantee, if your order is shipped within the European Union, you have the right to cancel or return your order within 14 days, for any reason, without justification. Since our standard 30-night guarantee already meets and exceeds this legal minimum, EU customers are simply covered by the same terms above.
Refunds We'll let you know once we've received and inspected your return, and whether the refund was approved. If approved, you'll be automatically refunded to your original payment method within 10 business days. Your bank or card issuer may take some additional time to post the refund. If more than 15 business days have passed since we approved your return, contact us at hushhugecom@use.startmail.com.
3. Privacy Policy
Last updated: September 16, 2026
Duvella operates this store and this website, including data, content, features, tools, products, and services to provide you, the customer, a curated shopping experience (the "Services"). Duvella uses Shopify to power the Services. This Privacy Policy describes how we collect, use, and disclose your personal information when you visit, use, or make a purchase or other transaction through the Services, or otherwise communicate with us. In the event of any conflict between our Terms of Service and this Privacy Policy, this Privacy Policy governs as it relates to the collection, processing, and disclosure of your personal information.
Please read this Privacy Policy carefully. By using and accessing any of the Services, you acknowledge that you have read this Privacy Policy and understand how we collect, use, and disclose your personal information, as described in this Privacy Policy.
Personal Information We Collect or Process
When we use the term "personal information," we mean information that identifies, or reasonably can be linked to you or another person. Personal information does not include information that is anonymized or de-identified so that it cannot reasonably be linked to you or another person. Depending on how you interact with the Services, where you live, and as permitted or required by applicable law, we may collect or process the following categories of personal information, including inferences drawn from this information:
- Contact details including your name, address, billing address, shipping address, phone number, and email address.
- Financial information including credit card, debit card, and financial account numbers, payment card information, financial account information, transaction details, payment method, payment confirmation, and other payment-related details.
- Account information including your username, password, security questions, preferences, and settings.
- Transaction information including the items you view, add to your cart, save to a wish list, or purchase, return, exchange, or cancel, as well as your past transactions.
- Communications with us including information you provide when contacting us, such as when submitting a customer service request.
- Device information including information about your device, browser, or network connection, your IP address, and other unique identifiers.
- Usage information including information about how you interact with the Services, such as how and when you use or browse them.
Sources of Personal Information
We may collect personal information from the following sources:
- Directly from you, including when you create an account, visit or use the Services, communicate with us, or otherwise provide us with your personal information.
- Automatically through the Services, including information from your device when you use our products or services or visit our websites, and through the use of cookies and similar technologies.
- From our service providers, including when we engage them to enable certain technology or when they collect or process your personal information on our behalf.
- From our partners or other third parties.
How We Use Your Personal Information
Depending on how you interact with us or which Services you use, we may use your personal information for the following purposes:
- Provide, personalize, and improve the Services. We use your personal information to deliver the Services, including fulfilling our contract with you, processing your payment, managing your orders, remembering your preferences and the items you're interested in, sending you notifications related to your account, processing purchases, returns, exchanges, or other transactions, creating, maintaining, and managing your account, arranging shipping, facilitating returns and exchanges, enabling you to post reviews, and providing you with a personalized shopping experience, such as recommending products related to your purchases. This may include using your personal information to personalize and improve the Services.
- Marketing and advertising. We use your personal information for marketing and promotional purposes, such as sending you marketing, advertising, and promotional communications by email, text message, or postal mail, and showing you online advertisements for products or services on the Services or on other websites, including based on products you have previously purchased, added to your cart, or other activity on the Services.
- Security and fraud prevention. We use your personal information to authenticate your account, provide a secure shopping and payment experience, detect, investigate, or take action regarding possible fraudulent, illegal, dangerous, or malicious activity, protect public safety, and secure our services. If you choose to use the Services and register an account, you are responsible for keeping your account credentials safe. We strongly recommend that you do not share your username, password, or other access details with anyone else.
- Communicating with you. We use your personal information to provide customer support, respond to your requests, service you effectively, and maintain our business relationship with you.
- Legal reasons. We use your personal information to comply with applicable law or respond to valid legal process, including requests from law enforcement or government agencies, to investigate or participate in civil discovery, potential or actual litigation, or other adversarial legal proceedings, and to enforce or investigate potential violations of our terms or policies.
How We Disclose Personal Information
In certain circumstances, we may disclose your personal information to third parties for legitimate purposes, subject to this Privacy Policy. Such circumstances may include:
- With Shopify, vendors, and other third parties who perform services on our behalf (e.g., IT management, payment processing, data analytics, customer support, cloud storage, order fulfillment, and shipping).
- With marketing and advertising partners to provide marketing and advertising services. For example, we use Shopify to support personalized advertising through third-party services based on your online activity with different merchants and websites. Our marketing and advertising partners will use your information in accordance with their own privacy notices. Depending on where you live, you may have the right to direct us not to share information about you for personalized advertising and marketing purposes. You can exercise this right here.
- When you direct, request, or otherwise consent to disclosure of certain information to third parties, such as to ship you products or through your use of social media widgets or login integrations.
- With our affiliates or within our corporate group.
- In connection with a business transaction such as a merger or bankruptcy, to comply with applicable legal obligations (including in response to subpoenas, search warrants, or similar requests), to enforce our Terms of Service or applicable policies, and to protect or defend the Services, our rights, and the rights of our users or others.
Relationship With Shopify
The Services are hosted on Shopify, which collects and processes personal information about your access to and use of the Services in order to provide and improve the Services for you. To provide and improve the Services, information you submit to the Services will be transmitted to and shared with Shopify and third parties, which may be located in a country other than your own. Additionally, to help protect, develop, and improve our business, we use certain advanced features of Shopify that incorporate data and information about your interactions with our store, other merchants, and the Shopify platform itself. To provide these advanced features, Shopify may use personal information collected about your interactions with our store, other merchants, and the Shopify platform. In these circumstances, Shopify is responsible for processing your personal information, including responding to your requests to exercise your rights with respect to that information for these purposes. For more information about how Shopify uses your personal information and the rights you may have, see Shopify's Consumer Privacy Policy. Depending on where you live, you may be able to exercise certain rights regarding your personal information here.
Third-Party Websites and Links
The Services may contain links to third-party websites or other online platforms operated by third parties. If you follow links to sites not affiliated with or controlled by us, you should review their privacy and security policies and other terms and conditions. We do not guarantee and are not responsible for the privacy or security of such sites, including the accuracy, completeness, or reliability of information found there. Information you provide on public or semi-public venues, including information shared on third-party social networking platforms, may also be viewable by other users of the Services and/or users of those third-party platforms without limitation as to its use by us or by others. Including a link on the Services does not by itself imply that we endorse the linked content or its operators, except as otherwise expressly stated on the Services.
Children's Data
The Services are not intended for use by children, and we do not knowingly collect personal information from children under the applicable age of majority in your jurisdiction. If you are the parent or guardian of a child who has provided us with their personal information, you may contact us using the contact details below to request its deletion. As of the effective date of this Privacy Policy, we do not have actual knowledge that we "share" or "sell" (as those terms are defined under applicable law) personal information of individuals under 16 years of age.
Security and Retention of Your Information
Please be aware that no security measures are perfect or impenetrable, and we cannot guarantee "perfect security." Any information you send to us may not be secure while in transit. We recommend that you do not use insecure channels to send us sensitive or confidential information.
How long we retain your personal information depends on factors such as the need to maintain your account, provide the Services, comply with legal obligations, resolve disputes, or enforce other applicable contracts and policies.
Your Rights and Choices
Depending on where you live, you may have some or all of the rights listed below in relation to your personal information. That said, these rights are not absolute, may only apply in certain circumstances, and in some cases we may decline your request as permitted by law.
- Right to access. You may have the right to request access to the personal information we hold about you.
- Right to delete. You may have the right to request that we delete the personal information we hold about you.
- Right to correct. You may have the right to request that we correct inaccurate personal information we hold about you.
- Right of portability. You may have the right to receive a copy of the personal information we hold about you and to request that it be transferred to a third party, in certain circumstances and subject to certain exceptions.
- Right to opt out of sale or sharing of personal data for targeted advertising. Depending on where you live, you may have the right to opt out of the "sale" or "sharing" of your personal information, or to opt out of the processing of that information for purposes considered "targeted advertising," as defined by applicable privacy laws. You can exercise this right here. Please note that if you visit our website with the Global Privacy Control opt-out preference signal enabled, depending on your location, we will treat this as a request to opt out for that device and browser. If we're able to associate the device sending the signal with a Shopify account, we will apply the opt-out request to that account as well. For more information about Global Privacy Control, visit https://globalprivacycontrol.org/. Other than the Global Privacy Control signal, we do not respond to other "Do Not Track" signals sent from your browser or device.
- Managing communication preferences. We may send you promotional emails, and you may opt out at any time using the unsubscribe option in those emails. If you opt out, we may still send you non-promotional emails, such as those about your account or orders.
If you're located in the UK or the European Economic Area (EEA), subject to local law exceptions and limitations, you may also have the right to:
- Object to and restrict processing. You may have the right to ask us to stop or limit our processing of your personal information for certain purposes.
- Withdraw consent. Where we process your personal information based on your consent, you have the right to withdraw that consent. Withdrawing consent will not affect the lawfulness of processing based on your consent before its withdrawal.
You may exercise any of these rights where indicated on the Services or by contacting us using the contact details provided below. For more information about how Shopify uses your personal information and the rights you may have — including with respect to data processed by Shopify — visit https://privacy.shopify.com/en.
We will not discriminate against you for exercising any of these rights. We may need to verify your identity before we can process your requests, as permitted or required under applicable law. In accordance with applicable law, you may designate an authorized agent to make requests on your behalf to exercise your rights. Before an agent can make a request on your behalf, we will require proof that they've been authorized to act on your behalf, and we may need you to verify your identity directly with us. We will respond to your request in a reasonable timeframe as required under applicable law.
Complaints
If you have complaints about how we process your personal information, please contact us using the contact details provided below. Depending on where you live, you may have the right to appeal our decision by contacting us using the contact details set out below, or lodge your complaint with your local data protection authority. For the EEA, a list of relevant data protection authorities is available here.
International Transfers
Please be aware that we may transfer, store, and process your personal information outside the country in which you reside. If we transfer your personal information out of the EEA or the UK, we will rely on recognized transfer mechanisms such as the European Commission's Standard Contractual Clauses (SCCs), or an equivalent contract issued by the relevant UK authority, unless the transfer is to a country that has been recognized as offering an adequate level of protection.
Changes to This Privacy Policy
We may update this Privacy Policy from time to time, including to reflect changes in our practices or for operational, legal, or regulatory reasons. We'll post the updated version on this website, revise the "Last updated" date, and notify you of any changes as required under applicable law.
Contact
If you have questions about our privacy practices or this Privacy Policy, or if you'd like to exercise any of your rights, you may call us at +1 402-935-2050, email us at hushhugecom@use.startmail.com, or contact us at 8 The Grn, Dover, DE 19901, United States. For purposes of applicable data protection law, we are the data controller of your personal information.
4. Terms of Service
(This replaces my earlier draft — it's Shopify's own generated Terms of Service, translated into English and filled in with your real details, plus one addition of my own: a Health & Safety Disclaimer inside Section 2, which Shopify's generic template doesn't include but a weighted blanket business really needs. See the note at the end for what I added.)
GENERAL INFORMATION
Welcome to Duvella! The terms "we," "us," and "our" refer to Duvella. Duvella runs this store and website, including all related information, content, features, tools, products, and services, to offer you, the customer, a curated shopping experience (the "Services"). Duvella is powered by Shopify, which allows us to provide the Services to you.
The following terms and conditions, together with any policies referenced in them (these "Terms of Service" or "Terms"), describe your rights and responsibilities when using the Services.
Please read these Terms of Service carefully, as they include important information about your legal rights and cover areas such as warranty, disclaimer, and limitation of liability.
By visiting, interacting with, or using our Services, you agree to be bound by these Terms of Service and our Privacy Policy (see Section 3 of this document). If you do not agree with these Terms of Service or our Privacy Policy, you must 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 legal majority in your state or province of residence and have given consent for any minor dependents to use the Services on devices you own, purchase, or manage.
To use the Services — including browsing our online store 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 information you provide to our store is correct, current, and complete, and that you have all rights necessary to provide this information.
You are solely responsible for keeping your account credentials secure and for all activity on your account. You may not transfer, sell, assign, or license your account to anyone else.
SECTION 2 — OUR PRODUCTS
We have made every effort to display our products and services accurately in our online store. That said, please note that colors or product appearance may differ from how they appear on your screen depending on the device you use to access the store and its display settings.
We do not guarantee that the appearance or quality of any product or service you purchase will meet your expectations, or that it will be identical to how it is shown or presented in our online store.
All product descriptions may be modified at any time, without notice, at our sole discretion. We reserve the right to discontinue the sale of any product at any time, and may limit the quantities of any product offered, to any person, geographic region, or jurisdiction, individually.
Health & Safety Disclaimer (added for Duvella's product): Duvella weighted blankets are designed for general comfort and relaxation only. They are not a medical device and are not intended to diagnose, treat, cure, or prevent any medical condition. They are not recommended for children under the age appropriate for the product's weight, pregnant individuals, or anyone with a respiratory, circulatory, or mobility condition that could make it difficult to move the blanket independently. If you have a medical condition, consult your physician before use. Use of the product is at your own risk, and Duvella is not liable for injury or adverse reactions resulting from improper or contraindicated use.
SECTION 3 — ORDERS
When you place an order, you are making an offer to purchase. Duvella reserves the right to accept or decline your order for any reason, at our sole discretion. Your order is not accepted until Duvella confirms acceptance. We must receive and process your payment before accepting your order. You should review your order carefully before completing your purchase, as Duvella may not be able to accommodate a cancellation request once an order has been accepted. If we don't accept, change, or cancel an order, we'll try to notify you by contacting the email, billing address, or phone number you provided when the order was placed.
You may only return or exchange your purchase in accordance with our Refund & Return Policy (Section 2 of this document).
You represent and warrant that your purchase is for your personal or household use and not for resale or commercial 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 shown in the order confirmation email sent to you. Unless expressly stated otherwise, posted prices do not include taxes, shipping, handling, customs, or import charges.
Prices posted in our online store may differ from prices offered in a physical store or by other third-party-operated stores. We may, from time to time, offer promotions on the Services that affect pricing and are governed by terms that differ from these Terms. If there is a conflict between the terms of a promotion and these Terms, the promotion's terms will control.
You agree to provide current, complete, and accurate purchase, payment, and account information for all purchases made in our store. You agree to promptly update your account and other information, including your email address and payment details, so we can complete your transactions and contact you as needed.
You represent and warrant that: (i) the payment information you provide is true, correct, and complete; (ii) you are duly authorized to use the payment method provided; (iii) charges incurred will be honored by your card issuer; and (iv) you will pay the charges incurred at the posted prices, including shipping and handling charges and all applicable taxes, if any.
SECTION 5 — SHIPPING AND DELIVERY
We are not responsible for any delay in shipping or delivery. All delivery times are estimates only and are not guaranteed. We are not liable for delays caused by the carrier, customs processing, or events outside our control. Once we hand off products to the carrier, title and risk of loss pass to you.
SECTION 6 — INTELLECTUAL PROPERTY
Our Services — including, without limitation, all trademarks, brand names, text, samples, images, graphics, product reviews, videos, and audio, and the design, selection, and arrangement of these — are owned by Duvella, its affiliate, or licensor, and are protected by U.S. and foreign patent, copyright, and other intellectual property laws.
These Terms permit you to use the Services only for your personal, non-commercial use. You may not reproduce, distribute, modify, create derivative works from, publicly display, publicly perform, republish, download, store, or transmit any material from the Services without our prior written consent. Except as expressly stated here, nothing in these Terms grants or should be construed as granting you any license or other rights under any patent, trademark, copyright, or other intellectual property of Duvella, Shopify, or any third party. Unauthorized use of the Services may violate federal and state intellectual property laws. All rights not expressly granted here are reserved by Duvella.
The names, logos, product and service names, designs, and slogans of Duvella are trademarks of Duvella, its affiliate, or licensor. You may not use such trademarks without Duvella'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 trademarks of their respective owners.
SECTION 7 — OPTIONAL TOOLS
You may be given access to third-party customer tools as part of the Services, which we do not monitor and over which we have no control or input.
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 have no liability arising from or related to your use of optional third-party tools.
Any use you make of optional tools offered through the Site is entirely at your own risk and discretion, and you should make sure you're familiar with and approve of the terms under which those tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new features through the Services (including the launch of new tools and resources). These new features will 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 any 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 leave the Services to access these third-party materials or sites, you do so at your own risk.
We will not be liable for any harm related to your access to any third-party website, or your purchase or use of any product, service, resource, or content on any third-party website. Please carefully review 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
Duvella runs on Shopify's technology, which allows us to offer you the Services. However, any sale or purchase you make in our store is made directly with Duvella. By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of the sales between you and Duvella, including any injury, damage, or loss resulting from the purchase of products and services. You expressly release Shopify and its affiliates from any claim, damage, and liability arising from or related to your purchase and transaction with Duvella.
SECTION 10 — PRIVACY POLICY
All personal information we collect through the Services is subject to our Privacy Policy (Section 3 of this document), and certain personal information may be subject to Shopify's Privacy Policy, available here. By using the Services, you acknowledge that you have read this 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 our Services. Information you submit to the Services will be transmitted to and shared with Shopify, as well as with third parties that may be located in a country other than your own, in order to provide you the Services. Review our Privacy Policy for more information 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 that feedback in any medium for any purpose, including commercial use. We may, for example, use our rights under this license to operate, provide, evaluate, improve, optimize, and promote the Services, and to fulfill our obligations and exercise our rights under these Terms of Service.
You also represent and warrant that: (i) you own or have all rights necessary in your feedback; (ii) you've disclosed any compensation or incentive received in connection with submitting your feedback; and (iii) your feedback complies with these Terms. We have no obligation to (1) keep your feedback confidential; (2) pay you for it; or (3) respond to it.
We may, but have no obligation to, monitor, edit, or remove feedback we determine, in our sole discretion, to be unlawful, offensive, threatening, defamatory, 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 third-party right, including copyright, trademark, privacy, personality, or other personal or proprietary right. 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 affect the operation of the Services or any related website. You may not use a false email address, impersonate any person 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 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 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 notice (including after you've 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, to: (a) engage in any unlawful or malicious purpose; (b) violate any international, federal, provincial, or state regulation, rule, law, or local ordinance; (c) infringe upon or violate our intellectual property rights or the intellectual property rights of others; (d) harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate against any of our employees or any other person; (e) submit false or misleading information; (f) 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; (g) transmit or solicit the sending of advertising or promotional material, including any "junk mail," "chain letter," "spam," or any other similar solicitation; (h) impersonate or attempt to impersonate another person or entity; or (i) 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 Duvella, Shopify, or users of the Services, or expose them to liability.
Additionally, you agree not to: (a) upload or transmit viruses or other malicious code; (b) reproduce, duplicate, copy, extract, sell, resell, or exploit any part of the Services; (c) collect or track the personal information of others; (d) spam, phish, pharm, or pretext the Services; (e) use any robot, spider, scraper, data-mining tool, device, automated process, artificial intelligence tool (such as agentic AI), or other automated or manual means to access the Services; or (f) interfere with, circumvent, or bypass the security or authorization features, robot-exclusion headers, or other measures we employ to restrict access to the Services. 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 — AGENTS
14.1 This section ("Agent Terms") applies if you use, permit, enable, or cause an Agent to access, use, or interact with any Service. "Agent" means any software or service that performs autonomous or semi-autonomous actions on behalf of, or at the instruction of, any person or entity, and that may run on that person's behalf or using their device, without direct supervision.
14.2 No Agent may access, use, or interact with the Services unless it, at all times, identifies and operates in strict compliance with the requirements of Section 14.4 below. Additionally, no Agent may access, use, or interact with the Services if we have requested that the Agent refrain from accessing, using, or interacting with any Service.
14.3 We may limit — including through technical measures — how any Agent accesses, uses, and interacts with the Services.
14.4 Agents must: (i) in every HTTP/HTTPS request, identify that the request is coming from an Agent and disclose the Agent's name by including the following in the request's user-agent string: "Agent/[agent name]"; (ii) not conceal or create confusion about whether any access, use, or interaction comes from an Agent, such as by (a) mimicking human behavior and interaction patterns, or (b) completing or bypassing CAPTCHAs or other measures meant to distinguish computer use from human use; (iii) respond truthfully to any question or instruction seeking to determine whether interactions are coming from a human or a computer; and (iv) not evade or otherwise bypass any measures intended to block, limit, modify, or control whether and how Agents access, use, or interact with the Services.
SECTION 15 — TERMINATION
We may terminate this agreement or your access to the Services (or any part of it) 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 will 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 that by their nature should survive termination.
SECTION 16 — DISCLAIMER OF WARRANTIES
Information presented on or through the Services is provided for general informational purposes only. 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 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 DUVELLA, THE SERVICES AND ALL PRODUCTS OFFERED THROUGH THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" FOR YOUR USE, WITHOUT ANY REPRESENTATION, WARRANTY, OR CONDITION 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 WARRANT, GUARANTEE, OR REPRESENT 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.
SECTION 17 — LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL DUVELLA, 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 PRODUCT PROCURED USING THE SERVICES, OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SERVICES OR ANY PRODUCT, INCLUDING, BUT NOT LIMITED TO, 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 18 — INDEMNIFICATION
You agree to indemnify, defend, and hold harmless Duvella, Shopify, and our affiliates, partners, officers, directors, employees, agents, contractors, licensors, and service providers from any loss, damage, liability, or claim, including reasonable attorneys' fees, made by any third party arising out of or relating to (1) your breach of these Terms of Service or the documents they incorporate by reference, (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 notify you of any indemnifiable claim, and a failure to notify you promptly will not release you from your obligations unless it causes you material prejudice. We may control the defense and settlement of any such claim at your expense, including choice of counsel, but we will not settle any claim involving non-monetary obligations on your part without your consent (which will not be unreasonably withheld). You will cooperate in the defense of indemnification claims, including by providing relevant documents.
SECTION 19 — SEVERABILITY
If any provision of these Terms of Service is determined to be unlawful, void, or unenforceable, that provision will nonetheless be enforced to the fullest extent permitted by applicable law, and the unenforceable portion will be deemed severed from these Terms of Service. Such a determination will not affect the validity and enforceability of any other remaining provisions.
SECTION 20 — WAIVER; ENTIRE AGREEMENT
Our failure to exercise or enforce any right or provision of these Terms of Service will not constitute a waiver of that right or provision.
These Terms of Service, and any policies or operating rules posted by us on this site or regarding 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, but not limited to, any prior versions of the Terms of Service).
Any ambiguity in interpreting these Terms of Service will not be construed against the drafting party.
SECTION 21 — ASSIGNMENT
You may not delegate, transfer, or assign this agreement or any of your rights or obligations under these Terms without our prior written consent, and any such attempt will be void. We may transfer, assign, or delegate these Terms and our rights and obligations without your consent or notice to you.
SECTION 22 — GOVERNING LAW
These Terms of Service, and any separate agreement under which we provide you Services, will be governed by and construed in accordance with the laws of the State of Delaware, United States, and, to the extent applicable, the federal laws of the United States, without regard to conflict-of-law principles. You and Duvella agree to submit to the personal and exclusive jurisdiction of the state and federal courts located in Delaware.
SECTION 23 — HEADINGS
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
SECTION 24 — CHANGES TO THE 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 on our website. It is your responsibility to check our website periodically for changes. We will notify you of any material changes to these Terms as required by applicable law, and such changes will take effect on the date specified in the notice. Your continued use of or access to the Services after any changes to these Terms of Service are posted constitutes acceptance of those changes.
SECTION 25 — CONTACT INFORMATION
Questions about the Terms of Service should be sent to hushhugecom@use.startmail.com.
Our contact information is below:
Duvella hushhugecom@use.startmail.com 8 The Grn, Dover, DE 19901, United States +1 402-935-2050