Terms and Conditions

Welcome to EverMood – Please Read These Terms Carefully

These Terms and Conditions (“Terms”, “Agreement”) govern your use of the website evermood.space (the “Site”) and your purchase of any products from EverMood LLC (“Company”, “we”, “us”, “our”). By accessing the Site, creating an account, or placing an order, you agree to be bound by these Terms. If you do not agree with any part of these Terms, you must not use our Site or purchase our products.

This Agreement is a legally binding contract between you (“Customer”, “User”, “you”) and EverMood LLC. We recommend that you print or save a copy for your records.

I. General Information

Company Details

EverMood LLC
5900 Balcones Drive STE 100
Austin, TX 78731
United States

📞 Phone: +84336912997
✉️ Email: nguyenson141211997@gmail.com
🌐 Website: evermood.space

Business Overview

EverMood LLC is an online retailer specializing in premium cookware, home decor (including plant stands with grow lights), and lifestyle apparel. We serve customers across the United States and internationally. All transactions are processed in United States Dollars (USD) .

Acceptance of Terms

By using this Site, you affirm that you are at least 18 years of age or are accessing the Site under the supervision of a parent or legal guardian. If you are under 18, you may only use the Site with involvement of a parent or guardian who agrees to be bound by these Terms.

We reserve the right to update, change, or replace any part of these Terms at any time without prior notice. Changes will be effective immediately upon posting on this page, with the “Last Updated” date revised. Your continued use of the Site after any changes constitutes acceptance of the new Terms.

II. Products and Pricing

Product Descriptions

We strive to display accurate product information, including descriptions, specifications, colors, dimensions, and images. However, we do not warrant that product descriptions, images, or other content on the Site are complete, reliable, current, or error-free.

Color and Size Variations:

  • Actual product colors may vary slightly due to your monitor settings, lighting, or photography effects.

  • For apparel, sizing charts are provided. It is your responsibility to verify measurements before ordering.

  • For plant stands and cookware, dimensions are approximate. Please refer to the product details.

If a product offered by EverMood is not as described, your sole remedy is to return it in unused condition in accordance with our Refund and Return Policy.

Pricing

All prices are listed in USD and exclude taxes, shipping, and handling unless otherwise stated.

  • Sales Tax: For orders shipped within the United States, applicable sales tax will be calculated at checkout based on the destination address.

  • International Orders: You are responsible for any customs duties, import taxes, or VAT imposed by your country. These are not collected by EverMood and are not included in the product price.

  • Price Changes: We reserve the right to change prices at any time without notice. However, the price you see at checkout is the price you pay – we will not retroactively adjust prices for already placed orders.

Typographical Errors

In the event a product is listed at an incorrect price or with incorrect information due to typographical error, system error, or supplier misinformation, EverMood reserves the right to refuse or cancel any orders placed for that product, even after you have received an order confirmation. If your credit card has already been charged and we cancel your order, we will issue a full refund immediately.

III. Orders and Payment

Order Acceptance

Your placement of an order does not guarantee acceptance. After you submit an order, we will send you an email acknowledging receipt. This is not an acceptance – it is a confirmation that we have received your order.

We reserve the right to accept or decline your order for any reason, including but not limited to:

  • Product unavailability.

  • Payment verification issues.

  • Suspected fraud or unauthorized transaction.

  • Pricing errors.

  • Shipping address cannot be verified.

If we decline your order after payment has been processed, we will issue a full refund within 3–5 business days.

Payment Methods

We accept payments through Stripe, a secure PCI Level 1 compliant payment processor. Accepted payment methods include:

  • Visa, Mastercard, American Express, Discover, Diners Club, JCB (credit and debit cards).

  • Apple Pay (on Safari browser, iOS/macOS devices).

  • Google Pay (on Chrome browser, Android/desktop).

By providing a payment method, you represent that you are authorized to use that method. You authorize us to charge the total amount of your order (including taxes and shipping) to the payment method you provide.

Order Changes and Cancellations

You may request to cancel or modify your order within 2 hours of placing it. Contact us immediately at +84336912997 or nguyenson141211997@gmail.com. After 2 hours or once the order has been processed for shipping (whichever occurs first), we cannot cancel it. However, you may return the item(s) in accordance with our Return Policy.

Order Confirmation and Tracking

Once your order ships, you will receive a shipping confirmation email with a tracking number. Tracking may take 24–48 hours to update. If you do not receive a confirmation within 3 business days, please check your spam folder or contact us.

IV. Shipping and Delivery

Shipping Policy

We ship to addresses within the United States (including Alaska, Hawaii, and military APO/FPO addresses) and to many international destinations. For a complete explanation of shipping methods, costs, delivery times, and restrictions, please refer to our separate Shipping Policy page. By agreeing to these Terms, you also agree to the terms of our Shipping Policy.

Risk of Loss

All products purchased from EverMood are shipped using third-party carriers. Title and risk of loss pass to you upon our delivery to the carrier. This means that once the carrier takes possession of your package, we are not responsible for lost, stolen, or delayed shipments, except where we have offered a shipping guarantee or the loss is due to our error (e.g., wrong address entered by us). We strongly recommend purchasing shipping insurance for high-value orders.

If your package is marked “delivered” by the carrier but you have not received it, please contact the carrier first. Then contact us and we will assist in filing a claim.

International Shipping

For international orders, you are the importer of record. You are responsible for complying with all import laws and regulations of your destination country. EverMood is not liable for customs delays, confiscated items, or additional charges.

V. Returns, Refunds, and Exchanges

Your right to return products is governed by our Refund and Return Policy, which is incorporated into these Terms by reference. Key provisions include:

  • You have 30 days from delivery to initiate a return.

  • Products must be unused, in original packaging, and in resalable condition.

  • Return shipping is free for damaged, defective, or wrong items; buyer pays for change-of-mind returns.

  • Refunds are issued to the original payment method within 5–10 business days of processing.

Please read the full Refund and Return Policy for complete details, including exclusions (e.g., final sale items, underwear).

VI. Account Registration and Security

Creating an Account

You may browse our Site without an account. However, to place an order, you may either checkout as a guest or create an account. Creating an account allows you to save addresses, track orders, and view purchase history.

Account Responsibility

If you create an account, you are responsible for maintaining the confidentiality of your login credentials (email and password). You agree to:

  • Not share your password with anyone.

  • Notify us immediately of any unauthorized use of your account.

  • Accept all liability for activities that occur under your account (except to the extent caused by our negligence).

We reserve the right to terminate or suspend accounts that are used for fraudulent or abusive purposes.

Guest Checkout

If you checkout as a guest, you still agree to these Terms. We will retain your order information as described in our Privacy Policy, but you will not have an account to manage.

VII. Intellectual Property

Our Content

All content on the Site, including but not limited to text, graphics, logos, product images, videos, software, and compilations, is the property of EverMood LLC or its content suppliers and is protected by United States and international copyright, trademark, and other intellectual property laws.

You may not:

  • Republish, distribute, or reproduce any content from the Site without our prior written consent.

  • Use our trademarks or trade dress in connection with any product or service that is not ours.

  • Frame or embed the Site on another website.

Limited License

We grant you a limited, revocable, non-exclusive, non-transferable license to access and make personal use of the Site. This license does not include any resale or commercial use of the Site or its contents.

User-Generated Content (Reviews, Comments)

You may submit product reviews, comments, or other content (“User Content”) as long as it is not illegal, obscene, threatening, defamatory, invasive of privacy, or infringing on intellectual property rights. By submitting User Content, you grant EverMood a perpetual, irrevocable, royalty-free, worldwide license to use, reproduce, modify, adapt, publish, and display such content in connection with our business.

We reserve the right to remove or edit any User Content for any reason.

VIII. Prohibited Uses

In addition to other prohibitions in these Terms, you are prohibited from using the Site or its content:

  • For any unlawful purpose.

  • To solicit others to perform or participate in any unlawful acts.

  • To violate any international, federal, provincial, or state regulations, rules, laws, or local ordinances.

  • To infringe upon or violate our intellectual property rights or the intellectual property rights of others.

  • To harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability.

  • To submit false or misleading information.

  • To upload or transmit viruses or any other type of malicious code that will or may be used to affect the functionality or operation of the Site.

  • To collect or track the personal information of others.

  • To spam, phish, pharm, pretext, spider, crawl, or scrape.

  • For any obscene or immoral purpose.

  • To interfere with or circumvent the security features of the Site.

We reserve the right to terminate your use of the Site for violating any of the prohibited uses.

IX. Disclaimer of Warranties

As-Is and As-Available Basis

EXCEPT AS EXPRESSLY PROVIDED IN THESE TERMS OR AS REQUIRED BY APPLICABLE LAW, THE SITE AND ALL PRODUCTS ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.

TO THE FULLEST EXTENT PERMITTED BY LAW, EVERMOOD LLC DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

No Warranty for Uninterrupted Service

We do not warrant that:

  • The Site will function uninterrupted, secure, or error-free.

  • Defects will be corrected.

  • The Site or its servers are free of viruses or other harmful components.

Manufacturer Warranties

Some products sold on EverMood (e.g., Le Creuset, All-Clad, Staub) come with manufacturer warranties that are separate from any warranty provided by EverMood. We honor those warranties as a pass-through, but our own warranty is limited to the 30-day return period described in our Return Policy. For issues arising after 30 days, please refer to the manufacturer’s warranty terms.

Limitation on Duration of Implied Warranties

Where implied warranties cannot be disclaimed, they are limited to the duration of the 30-day return period (or the shortest period permitted by law). Some states do not allow limitations on how long an implied warranty lasts, so this limitation may not apply to you.

X. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, EVERMOOD LLC, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND AFFILIATES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR IN CONNECTION WITH:

  • YOUR USE OR INABILITY TO USE THE SITE OR PRODUCTS.

  • ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY PERSONAL INFORMATION STORED THEREIN.

  • ANY BUGS, VIRUSES, OR OTHER HARMFUL CODE TRANSMITTED THROUGH THE SITE.

  • ANY ERRORS OR OMISSIONS IN ANY CONTENT.

  • THE COST OF PROCUREMENT OF SUBSTITUTE GOODS.

IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING FROM OR RELATING TO THESE TERMS OR YOUR PURCHASE EXCEED THE AMOUNT YOU PAID FOR THE SPECIFIC PRODUCT GIVING RISE TO THE CLAIM.

SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

Exception: Liability for Personal Injury or Death

Nothing in these Terms excludes or limits our liability for death or personal injury caused by our negligence, or for fraud or fraudulent misrepresentation.

XI. Indemnification

You agree to indemnify, defend, and hold harmless EverMood LLC, its affiliates, officers, directors, employees, agents, and suppliers from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys’ fees) arising out of or related to:

  • Your violation of these Terms.

  • Your violation of any third-party rights, including intellectual property or privacy rights.

  • Your misuse of the Site or products.

  • Any content you submit to the Site.

We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you. In such case, you agree to cooperate with our defense.

XII. Governing Law and Dispute Resolution

Governing Law

These Terms and any separate agreements whereby we provide you products shall be governed by and construed in accordance with the laws of the State of Texas, without regard to its conflict of law provisions. The United Nations Convention on Contracts for the International Sale of Goods does not apply.

Dispute Resolution – Binding Arbitration

Informal Resolution: Before filing a formal claim, you agree to contact us at nguyenson141211997@gmail.com and attempt to resolve the dispute informally. We will do the same.

Arbitration Agreement: If the dispute cannot be resolved informally within 30 days, you and EverMood agree to resolve any claim, dispute, or controversy (excluding claims for injunctive or other equitable relief) through binding individual arbitration administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules. Arbitration shall take place in Austin, Texas, or by telephone/video if agreed.

Class Action Waiver: You and EverMood agree that any arbitration or legal proceeding shall be conducted only on an individual basis and not as a class, consolidated, or representative action. You expressly waive your right to participate in a class action lawsuit or class-wide arbitration.

Exceptions: You or we may bring a lawsuit in small claims court (if the claim qualifies) without first engaging in arbitration. Additionally, either party may seek injunctive relief in a court of competent jurisdiction to protect intellectual property rights.

Costs: For claims under 10,000,EverMoodwillpayallarbitrationfilingfees,administrationfees,andarbitratorfees.Forclaimsover10,000, the AAA rules will govern fee allocation.

Opt-Out: You may opt out of this arbitration provision by sending a written notice to nguyenson141211997@gmail.com within 30 days of first accepting these Terms. The notice must include your full name, email address, and a clear statement that you opt out. Opting out does not affect any other provisions of these Terms.

Venue for Judicial Proceedings

If the arbitration agreement is found unenforceable or for any claims excluded from arbitration, you agree to submit to the personal jurisdiction of the state or federal courts located in Travis County, Texas.

XIII. Limitation on Time to File Claims

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR PURCHASE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

This one-year period applies regardless of any longer statute of limitations period provided by law.

XIV. Termination

We reserve the right to terminate or suspend your access to all or part of the Site, without notice, for any conduct that we, in our sole discretion, believe violates these Terms or is harmful to other users, us, or third parties.

Upon termination, your right to use the Site ceases immediately. Sections that by their nature should survive termination (including but not limited to: Intellectual Property, Disclaimer of Warranties, Limitation of Liability, Indemnification, Governing Law, and Dispute Resolution) shall survive.

If your account is terminated due to a violation, you may not re-register without our explicit written permission.

XV. Force Majeure

EverMood shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including but not limited to acts of God, war, terrorism, riots, embargos, acts of civil or military authorities, fire, floods, accidents, strikes, shortages of transportation facilities, fuel, energy, labor, or materials, or pandemics/epidemics (including COVID-19 and its variants).

In the event of a force majeure, our performance obligations are suspended for the duration of the event, and we will make reasonable efforts to resume performance as soon as practical.

XVI. Severability

If any provision of these Terms is found to be unenforceable or invalid by a court of competent jurisdiction, that provision shall be limited or eliminated to the minimum extent necessary, and the remaining provisions shall remain in full force and effect.

XVII. Entire Agreement

These Terms, together with our Privacy Policy, Shipping Policy, Refund and Return Policy, and any other policies posted on the Site, constitute the entire agreement between you and EverMood LLC regarding your use of the Site and purchase of products. They supersede any prior or contemporaneous agreements, communications, or proposals, whether oral or written.

Any failure by us to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.

XVIII. Assignment

You may not assign, transfer, or sublicense any of your rights or obligations under these Terms without our prior written consent. We may assign these Terms in whole or in part at any time without notice to you.

XIX. Electronic Communications

By using the Site or sending emails to us, you consent to receive electronic communications from us. We will communicate with you by email (to the address you provided) or by posting notices on the Site. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

XX. Additional Terms for Specific Products or Promotions

Gift Cards

Gift cards purchased on evermood.space are non-refundable and cannot be exchanged for cash except where required by law. Gift cards do not expire. Treat gift cards like cash – we are not responsible for lost or stolen gift cards.

Promotional Codes

From time to time, we may offer promotional codes (“coupons”). Unless otherwise stated, each coupon is:

  • Valid for one-time use only.

  • Not combinable with other coupons or promotions.

  • Not applicable to prior purchases.

  • Subject to specific expiration dates and product exclusions.

We reserve the right to cancel or modify any promotion at any time.

Pre-Orders

Occasionally, we may offer products for pre-order. By placing a pre-order, you authorize us to charge your payment method at the time of order (or at shipping, as stated on the product page). Estimated shipping dates are estimates only – we are not liable for delays. You may cancel a pre-order anytime before it ships for a full refund.

XXI. Comments and Feedback

We welcome your comments, feedback, suggestions, and ideas (“Feedback”). If you submit Feedback to us, you agree that we may use, reproduce, modify, and distribute it without any obligation to compensate you. You represent that your Feedback is original and does not infringe any third-party rights.

XXII. California Users – Notice

Under California Civil Code Section 1789.3, California users are entitled to the following notice:

  • The name and address of the provider: EverMood LLC, 5900 Balcones Drive STE 100, Austin, TX 78731.

  • To resolve a complaint regarding our Site or products, please contact us at +84336912997 or nguyenson141211997@gmail.com.

  • California residents may also contact the Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs, located at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (800) 952-5210.

XXIII. International Users – Notice

Our Site is operated from the United States. If you access the Site from outside the US, you are responsible for compliance with local laws. We make no representation that the Site or products are appropriate or available in your location. You agree that you will not use the Site in any country subject to US trade sanctions or embargoes.

XXIV. How to Contact Us

If you have any questions about these Terms, please contact us:

EverMood LLC
5900 Balcones Drive STE 100
Austin, TX 78731
United States

📞 Phone: +84336912997
✉️ Email: nguyenson141211997@gmail.com
🌐 Website: evermood.space

For legal notices, please send by certified mail to the above address or by email with read receipt requested.

XXV. Last Revision Date

These Terms were last updated on May 14, 2026.

We encourage you to review this page periodically for changes. Continued use of the Site after any modification constitutes your acceptance of the revised Terms.

Thank you for shopping with EverMood LLC. We appreciate your business and trust.