Terms of service

Terms of Service

Overview

Welcome to HOOPHZ.

These Terms of Service ("Terms") govern your access to and use of hoophz.com and the products, features, content, tools, and services available through our website (collectively, the "Services").

Throughout these Terms, the terms "HOOPHZ," "we," "us," and "our" refer to HOOPHZ.

Our online store is hosted by Shopify, which provides the e-commerce platform that allows us to offer and sell our products and services to you.

By accessing our website, using our Services, or placing an order, you agree to these Terms and our Privacy Policy.

Privacy Policy: https://hoophz.com/policies/privacy-policy

If you do not agree with these Terms, please do not use the Services.


1. Eligibility and Account Information

By using our Services, you represent that you are at least the age of majority in your state, province, or jurisdiction of residence, or that you have permission from a parent or legal guardian where required.

When placing an order or creating an account, you agree to provide accurate, current, and complete information.

You are responsible for maintaining the confidentiality and security of your account credentials and for activity that occurs through your account.


2. Products

We make reasonable efforts to display our products, colors, designs, sizes, and specifications as accurately as possible.

However, the appearance of colors and products may vary depending on your screen, device settings, lighting, fabric, and manufacturing or printing process.

Product measurements may also vary slightly due to normal manufacturing tolerances.

We reserve the right to:

  • Change product descriptions or specifications

  • Change or discontinue products

  • Limit product quantities

  • Limit sales to certain individuals, locations, or jurisdictions

  • Add or remove product options, colors, or sizes

These changes may be made at any time without prior notice.


3. Made-to-Order Products

Many HOOPHZ products are custom-made on demand after an order is placed.

Because of this production model, customers are responsible for carefully reviewing the selected product, size, color, quantity, and shipping information before completing checkout.

Returns, refunds, cancellations, and exchanges are governed by our Refund & Replacement Policy.

Refund & Replacement Policy: https://hoophz.com/policies/refund-policy


4. Orders

Placing an order represents an offer to purchase products from HOOPHZ.

We reserve the right to accept, decline, limit, or cancel an order when reasonably necessary, including in cases involving:

  • Product availability

  • Pricing or listing errors

  • Suspected fraud or unauthorized transactions

  • Payment issues

  • Unusually large quantities

  • Orders that appear intended for unauthorized resale

  • Circumstances preventing fulfillment

Payment must be successfully authorized before an order can be processed.

Please review your order carefully before submitting it. Because made-to-order products may enter production shortly after purchase, we cannot guarantee that cancellation or modification requests can be accommodated.

If we cancel an order after payment has been processed, we will issue an appropriate refund for the canceled portion of the order.


5. Prices, Promotions, and Payment

Prices displayed on our website are subject to change without notice.

The price charged for an item will generally be the price displayed at the time the order is placed, subject to correction of obvious pricing or technical errors.

Unless otherwise stated, product prices do not include applicable:

  • Sales taxes

  • Shipping charges

  • Customs duties

  • Import taxes

  • Other government-imposed fees

Promotional offers, discount codes, bundles, free-shipping offers, and other promotions may have additional conditions.

Promotions may be modified or discontinued at any time unless otherwise prohibited by law.

You agree to provide accurate billing and payment information and confirm that you are authorized to use the payment method submitted with your order.


6. Shipping and Delivery

Shipping and delivery dates are estimates and are not guaranteed unless expressly stated otherwise.

Delivery may be affected by circumstances outside our reasonable control, including:

  • Carrier delays

  • Weather

  • Customs processing

  • High seasonal shipping volume

  • Incorrect or incomplete addresses

  • Labor disruptions

  • Natural disasters

  • Government actions

  • Other unforeseen events

Items within the same order may be produced or shipped from different fulfillment locations and may arrive in separate packages with separate tracking numbers.

If a package is confirmed lost by the applicable carrier, please contact us at hello@hoophz.com. We will review the situation and provide an appropriate resolution in accordance with our Refund & Replacement Policy and applicable law.


7. Shipping Information Provided by Customers

Customers are responsible for providing a complete and accurate shipping address at checkout.

If you notice an error after placing your order, contact us as soon as possible at hello@hoophz.com.

We cannot guarantee that shipping information can be changed after an order has entered production or fulfillment.

HOOPHZ cannot guarantee reimbursement or replacement for orders that are lost, delayed, returned, or undeliverable because incorrect or incomplete shipping information was provided by the customer, except where otherwise required by law.


8. Returns, Replacements, and Refunds

Returns, replacements, refunds, cancellations, and exchanges are governed by our Refund & Replacement Policy:

https://hoophz.com/policies/refund-policy

Because products may be made specifically for each order, we generally do not accept returns, refunds, or size exchanges for buyer's remorse, incorrect size selection, color preference, or change of mind.

If an item arrives damaged, defective, misprinted, or incorrect, please contact us so we can review the issue and make it right in accordance with our policy.

Nothing in these Terms limits any rights or remedies available to you under applicable consumer protection laws.


9. Intellectual Property

Unless otherwise stated, the HOOPHZ website and its contentβ€”including logos, trademarks, graphics, photographs, product designs, text, videos, artwork, branding, and other materialsβ€”are owned by or licensed to HOOPHZ and are protected by applicable intellectual property laws.

You may use our website for personal, non-commercial purposes.

Without our prior written permission, you may not:

  • Reproduce our designs or artwork

  • Copy or distribute website content

  • Use HOOPHZ trademarks or logos

  • Resell or commercially exploit website content

  • Modify or create derivative works from protected HOOPHZ materials

  • Use our content in a way that falsely suggests affiliation with or endorsement by HOOPHZ

All rights not expressly granted are reserved.


10. Third-Party Tools and Services

Our website may provide access to tools, applications, payment services, review platforms, social media integrations, or other services operated by third parties.

These third-party services may be governed by their own terms and privacy policies.

We do not control all aspects of third-party services and are not responsible for their availability, content, practices, or performance except to the extent required by applicable law.

You should review the terms and policies of third-party services when appropriate.


11. Third-Party Links

Our website may contain links to websites or services operated by third parties.

HOOPHZ is not responsible for the content, accuracy, availability, products, services, privacy practices, or policies of third-party websites.

Accessing third-party websites is at your discretion.

Questions or disputes concerning products or services purchased directly from a third party should generally be directed to that third party.


12. Relationship With Shopify

HOOPHZ uses Shopify to power and host our online store.

Purchases made through our store are transactions between you and HOOPHZ.

Shopify provides the technology and e-commerce infrastructure that enables us to operate the store but is not the seller of HOOPHZ products.

Certain information may be processed by Shopify as necessary to provide the Services.

For information regarding how personal information is handled, please review:

HOOPHZ Privacy Policy:
https://hoophz.com/policies/privacy-policy

Shopify Privacy Policy:
https://www.shopify.com/legal/privacy


13. Privacy

Your use of the Services is subject to our Privacy Policy, which explains how we collect, use, disclose, and protect personal information.

You can review it here:

https://hoophz.com/policies/privacy-policy

Because our store is hosted by Shopify, information required to operate the Services may also be processed by Shopify and other service providers acting on our behalf.


14. Reviews, Feedback, and User Content

If you voluntarily submit a product review, photograph, comment, suggestion, feedback, or other content to HOOPHZ, you represent that you have the right to provide that content.

You grant HOOPHZ permission to use, reproduce, display, publish, and share that content for purposes including operating, improving, and promoting our business and products, subject to applicable law.

You may not submit content that:

  • Violates another person's intellectual property rights

  • Is unlawful, fraudulent, defamatory, threatening, or abusive

  • Contains malicious software

  • Misrepresents your identity or experience

  • Violates another person's privacy rights

We reserve the right to moderate or remove content where permitted by law.


15. Errors and Inaccuracies

Occasionally, information on our website may contain typographical errors, inaccuracies, or omissions relating to matters such as:

  • Product descriptions

  • Product availability

  • Prices

  • Promotions

  • Shipping charges

  • Delivery estimates

  • Images

  • Sizes or specifications

We reserve the right to correct errors and update information.

If a material error affects an order you have already placed, we will take reasonable steps to contact you and provide an appropriate resolution.


16. Prohibited Uses

You may use the Services only for lawful purposes.

You may not use the Services to:

  • Violate applicable laws or regulations

  • Infringe intellectual property rights

  • Commit fraud

  • Submit false or misleading information

  • Harass, threaten, abuse, or harm another person

  • Distribute viruses, malware, or other harmful code

  • Interfere with the security or operation of the Services

  • Collect personal information about others without authorization

  • Send spam or unauthorized solicitations

  • Impersonate another individual or organization

  • Attempt to gain unauthorized access to accounts, systems, or data

  • Exploit the Services for unauthorized commercial purposes

We reserve the right to restrict or terminate access to the Services when we reasonably believe these Terms have been violated.


17. Termination

We may suspend or terminate access to some or all of the Services if you materially violate these Terms or engage in fraudulent, unlawful, abusive, or harmful activity.

Obligations and liabilities incurred before termination will continue where applicable.

Sections that by their nature are intended to survive terminationβ€”including intellectual property, limitations of liability, indemnification, and governing lawβ€”will continue to apply.


18. Disclaimer of Warranties

To the fullest extent permitted by applicable law, the website and Services are provided on an "as is" and "as available" basis.

We do not guarantee that the website will always be uninterrupted, error-free, secure, or available.

Nothing in these Terms excludes warranties, guarantees, rights, or remedies that cannot legally be excluded under applicable consumer protection laws.


19. Limitation of Liability

To the fullest extent permitted by applicable law, HOOPHZ and its affiliates, employees, contractors, service providers, and licensors will not be liable for indirect, incidental, special, punitive, or consequential damages resulting from your use of the Services or products purchased through the Services.

This may include, where permitted by law, loss of profits, revenue, data, or other intangible losses.

Nothing in these Terms excludes or limits liability where doing so would be prohibited by applicable law.


20. Indemnification

To the extent permitted by applicable law, you agree to indemnify and hold harmless HOOPHZ and its affiliates, employees, contractors, service providers, and licensors from third-party claims arising from:

  • Your material violation of these Terms

  • Your violation of applicable law

  • Your infringement of another person's rights

  • Your unlawful or unauthorized use of the Services


21. Severability

If any provision of these Terms is determined to be unlawful, invalid, or unenforceable, that provision will be enforced to the maximum extent permitted by law or severed where necessary.

The remaining provisions will continue in full force and effect.


22. Waiver and Entire Agreement

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

These Terms, together with the policies referenced within them, constitute the agreement governing your use of the Services unless otherwise required by applicable law.


23. Assignment

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

HOOPHZ may assign or transfer its rights and obligations in connection with a merger, acquisition, restructuring, sale of business assets, or similar transaction, subject to applicable law.


24. Governing Law

These Terms are governed by applicable laws in the jurisdiction where HOOPHZ is headquartered, without limiting any mandatory consumer protection rights available to you in your place of residence.

Any disputes will be handled in accordance with applicable law and the jurisdictional rules that apply to the parties.


25. Force Majeure

HOOPHZ will not be responsible for delays or failures caused by events beyond our reasonable control, including natural disasters, severe weather, labor disruptions, pandemics, carrier interruptions, supply-chain disruptions, governmental actions, or similar events.

This provision does not limit rights that cannot legally be waived.


26. Size, Color, and Print Variations

Customers are responsible for reviewing available product information and size charts before ordering.

Product measurements may vary slightly due to normal manufacturing tolerances.

Colors may differ slightly from what appears on-screen because of device displays, lighting, fabric, and printing methods.

Minor variations in print placement, alignment, or appearance that occur naturally during the production process are not considered defects unless the variation materially affects the quality or intended design of the product.


27. Payment Disputes and Order Issues

If you experience a problem with an order, we encourage you to contact us at hello@hoophz.com so we have an opportunity to review and resolve the issue.

Nothing in this section restricts your legal right to contact your payment provider, bank, card issuer, or other appropriate authority regarding a legitimate payment dispute.


28. Changes to These Terms

We may update these Terms periodically to reflect changes to our business, Services, policies, or legal requirements.

The most current version will be posted on this page.

Where required by law, we will provide appropriate notice of material changes.

Your continued use of the Services after updated Terms become effective constitutes acceptance of the updated Terms to the extent permitted by law.


29. Contact Information

Questions regarding these Terms of Service can be sent to:

HOOPHZ
Email: hello@hoophz.com