OVERVIEW

Welcome to HAVANI. The terms “we,” “us,” and “our” refer to HAVANI, a brand owned and operated by PL Premier Outlet LLC. We operate this store and the website havaniny.com, including all related content, features, tools, products, and services. Together, these form the Services. Shopify provides the platform that enables us to offer the Services.

These Terms of Service explain your rights, responsibilities, limitations, and obligations when accessing or using the Services. They include legally binding information relating to warranties, limitations of liability, dispute resolution, and mandatory arbitration.

By accessing or using the Services, you confirm that you have read, understood, and agree to these Terms and our Privacy Policy. If you do not agree, you must stop using the Services. These Terms are written to support ADA compliance and WCAG 2.1 AA accessibility standards, including readability for assistive technologies, screen readers, and keyboard navigation.

SECTION 1 — ACCESS AND ACCOUNT

By accessing the Services, you confirm that you are at least the age of majority in your jurisdiction. If you permit a minor to use the Services under your supervision, you accept full responsibility for their conduct.

You may be required to provide accurate and complete personal information to create an account or complete a purchase. You are responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account. You may not assign, transfer, sell, or license your account to any other person.

We reserve the right to deny access, refuse service, suspend accounts, or cancel orders for any reason, including fraud prevention, policy violations, or misuse of the Services.

SECTION 2 — OUR PRODUCTS

We make reasonable efforts to display products accurately. However, colors, textures, sizes, and details may appear differently due to device settings, monitor configurations, or lighting. Product descriptions, pricing, and availability may change at any time without notice.

We do not guarantee that any product will meet your personal expectations. Nothing on the Services constitutes a warranty or representation beyond what is expressly stated in writing.

We may limit quantities or discontinue products at any time.

SECTION 3 — ORDERS

Placing an order constitutes an offer to purchase. We may accept or reject any order at our sole discretion. No order is accepted until confirmed by us. Payment must be processed before an order is treated as accepted.

You must review your order carefully before submitting it. Cancellations may not be possible once the order is accepted. If we adjust, decline, or cancel an order, we will attempt to notify you using the contact information provided.

All purchases are governed by our Refund Policy.

Purchases are for personal use only and may not be resold, exported, or used commercially unless we grant explicit written permission.

SECTION 4 — PRICES AND BILLING

Prices may change at any time without notice. The price shown at checkout is the final price for your order, exclusive of applicable taxes, duties, and regional charges.

You authorize HAVANI and Shopify to charge your selected payment method for all purchases. You confirm that the payment information you provide is true, complete, and authorized.

We may cancel or flag any order that appears fraudulent, unauthorized, or suspicious.

SECTION 5 — SHIPPING AND DELIVERY

Shipping and delivery timelines are estimates only. They are not guaranteed. We are not responsible for delays resulting from carriers, customs, weather, operational issues, or inaccuracies in the shipping information you provide.

Risk of loss transfers to you once your package is handed to the carrier.

SECTION 6 — INTELLECTUAL PROPERTY

All content on the Services, including text, graphics, designs, layouts, images, logos, trademarks, videos, product descriptions, and proprietary materials, is owned by HAVANI, PL Premier Outlet LLC, Shopify, or their respective licensors.

You may access the Services for personal, non-commercial use only. You may not copy, reproduce, modify, publish, distribute, create derivative works, or exploit any part of the Services without our express written approval.

Unauthorized use may violate copyright and trademark laws.

SECTION 7 — OPTIONAL TOOLS

We may offer access to optional third-party tools. These tools are provided “as is” and “as available,” without warranties or control by HAVANI.

Your use of third-party tools is entirely at your own risk, and you must review the applicable terms from each third-party provider.

New tools or functionalities added to the Services are automatically subject to these Terms.

SECTION 8 — THIRD-PARTY LINKS

Third-party websites may be accessible through the Services. We do not control these sites and are not responsible for their accuracy, safety, accessibility, privacy practices, or content.

If you navigate away from our website to third-party content, these Terms no longer apply.

Your interactions with third-party websites are your responsibility.

SECTION 9 — RELATIONSHIP WITH SHOPIFY

HAVANI is powered by Shopify, which provides hosting, platform technology, security, and payment infrastructure. However, all purchases, returns, refunds, service issues, and interactions are solely between you and HAVANI.

By using the Services, you release Shopify from liability related to your transactions with HAVANI.

SECTION 10 — PRIVACY POLICY

Your use of the Services is governed by our Privacy Policy, located on havaniny.com. Shopify also collects and processes certain personal data under its own privacy policy at shopify.com/legal/privacy.

By using the Services, you confirm you have reviewed and accepted both policies.

SECTION 11 — FEEDBACK

If you submit reviews, suggestions, ideas, photos, messages, or other content (“Feedback”), you grant HAVANI a perpetual, irrevocable, royalty-free, worldwide license to use that content for any lawful purpose.

You confirm that you own the rights to any Feedback you submit and that it does not violate any laws or rights of others.

We may remove Feedback at our discretion.

SECTION 12 — ERRORS, INACCURACIES, AND OMISSIONS

Information on the Services may occasionally contain errors or omissions relating to pricing, availability, promotions, or product details. We may correct these issues at any time without notice, including after an order is submitted.

We are not obligated to update information on the Services except as required by law.

SECTION 13 — PROHIBITED USES

You may not use the Services for any unlawful, harmful, fraudulent, or abusive purpose. These include but are not limited to:

• violating laws

• infringing intellectual property

• harassing or harming others

• submitting false information

• attempting unauthorized access

• uploading malware or malicious code

• circumventing security measures

• data scraping or automated collection

• abusing promotions or discounts

• impersonating others

We may suspend or terminate your access for violating this section.

SECTION 14 — TERMINATION

We may suspend, restrict, or terminate your access to the Services at any time without notice. You remain responsible for all charges incurred prior to termination.

Sections relating to intellectual property, liability, warranties, promotions, indemnification, privacy, and dispute resolution survive termination.

SECTION 15 — DISCLAIMER OF WARRANTIES

The Services and all products are provided “as is” and “as available,” without warranties of any kind, whether express or implied. This includes implied warranties of merchantability, fitness for a particular purpose, durability, accuracy, non-infringement, or system compatibility.

We do not guarantee uninterrupted or error-free service.

Where limitations on warranties are restricted by law, these disclaimers apply only to the extent permitted.

SECTION 16 — LIMITATION OF LIABILITY

To the fullest extent allowed by law, HAVANI, PL Premier Outlet LLC, Shopify, and all related personnel are not liable for any damages of any kind resulting from your use of the Services or products. This includes direct, indirect, incidental, punitive, consequential, special, or exemplary damages, including lost profits, lost data, replacement costs, or business interruption.

If liability cannot be fully excluded, our total liability will not exceed the amount you paid HAVANI in the twelve months preceding the claim.

SECTION 17 — INDEMNIFICATION

You agree to defend, indemnify, and hold harmless HAVANI, PL Premier Outlet LLC, Shopify, and all affiliated personnel from claims, damages, liabilities, or expenses arising from:

• your use or misuse of the Services

• your breach of these Terms

• your violation of any law or rights of others

• your misuse of promotions, coupons, or discounts

We may assume control over any claim at our discretion.

SECTION 18 — SEVERABILITY

If any portion of these Terms is deemed unlawful or unenforceable, that portion will be severed without affecting the validity of the remaining provisions.

SECTION 19 — WAIVER AND ENTIRE AGREEMENT

Failure to enforce a right does not constitute a waiver. These Terms, together with our Privacy Policy and additional posted policies, form the complete agreement between you and HAVANI.

SECTION 20 — ASSIGNMENT

You may not assign your rights or obligations under these Terms without our written consent. We may assign our rights and obligations at any time without notice.

SECTION 21 — GOVERNING LAW

These Terms are governed by the laws of the State of New York. You agree to the exclusive jurisdiction of courts located in New York, NY.

SECTION 22 — DISPUTE RESOLUTION; ARBITRATION; CLASS-ACTION WAIVER

Any dispute or claim must be resolved through binding arbitration in New York, NY, administered by the American Arbitration Association. You waive the right to bring or participate in class actions, class arbitrations, or representative actions.

Claims must be filed within one year of the event giving rise to the dispute.

If you do not agree to arbitration, you must stop using the Services immediately.

SECTION 23 — ELECTRONIC COMMUNICATIONS CONSENT

By using the Services, you consent to receive electronic communications from us, including notices, disclosures, and transactional messages. These satisfy legal requirements for written notice.

SECTION 24 — PROMOTIONS, DISCOUNTS, AND OFFERS POLICY

This policy applies to all promotions offered by HAVANI or havaniny.com. Promotions are valid only during the promotional period and while inventory lasts. Minimum purchase requirements, excluded items, or other rules may apply.

Promotions cannot be combined, applied retroactively, transferred, or redeemed for cash. Promotional codes must be applied at checkout and cannot be added after an order is placed.

If a return reduces your order below a promotional requirement, the refund may be adjusted. Promotional bundles or free gifts must be returned in full.

We may void promotions in cases of fraud, misuse, coupon stacking, or multiple account creation.

SECTION 25 — PRICE ADJUSTMENTS POLICY

We do not offer price adjustments for purchases made before or after promotions. Promotional prices apply only at the time of transaction.

Price adjustments do not apply to limited-time events, exclusive drops, or limited-edition items.

SECTION 26 — STORE CREDITS AND GIFT CARDS POLICY

Store credits may be used only at havaniny.com and have no cash value. They are non-transferable, non-refundable, and cannot be resold.

Gift cards do not expire and may be used toward eligible purchases. Lost or stolen gift cards will not be replaced.

Gift cards cannot be redeemed for cash unless required by law.

Store credits may be revoked if issued due to fraud, error, or returned merchandise.

SECTION 27 — CHANGES TO TERMS

We may update these Terms at any time. Updates become effective upon posting. Your continued use of the Services constitutes acceptance of the updated Terms.