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TERMS OF SERVICE
OVERVIEW
Welcome to Our Store! My Store operates this store and website, including all related information, content, features, tools, products and services, in order to provide you, the customer, with a carefully curated shopping experience (“Services”). My Store is powered by Shopify, which enables us to provide the Services to you.
The following terms and conditions, together with any policies referenced herein (collectively, the “Terms of Service” or “Terms”), describe your rights and obligations when using the Services.
Please read these Terms of Service carefully, as they contain important information regarding your rights and include provisions such as warranty disclaimers and limitations of liability.
By visiting, interacting with, or using our Services, you agree to be bound by these Terms of Service and our Privacy Policy [LINK]. If you do not agree with these Terms of Service or our Privacy Policy, you should not use or access our Services.
CHAPTER 1 – ACCESS AND ACCOUNT
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence and have given permission for any minor dependents under your care to use the Services on any device that you own, purchase, or manage.
To use the Services, including accessing or browsing our online stores or purchasing any products or services we offer, you may be required to provide certain information, such as your email address, billing information, payment details, and shipping information. You represent and warrant that all information you provide to our store is accurate, current, and complete, and that you have all necessary rights to provide such information.
You are solely responsible for maintaining the security of your account and for all activity conducted through your account credentials. You may not transfer, sell, assign, or license your account to any other person.
CHAPTER 2 – OUR PRODUCTS
We have made every effort to ensure that the products and services offered through our online stores are presented accurately. However, please note that colors and appearance of products may differ from those displayed on your computer screen due to the type of device you use to access the store, as well as your device settings and configuration.
We do not guarantee that the appearance, quality, or characteristics of any products or services purchased by you will meet your expectations or will be identical to those presented or made available in our online stores.
All product descriptions are subject to change at any time at our sole discretion and without prior notice. We reserve the right to discontinue any product at any time and may limit quantities of products offered to any person, geographic region, or jurisdiction, as appropriate.
CHAPTER 3 – ORDERS
By placing an order, you submit an offer to purchase. My Store reserves the right to accept or reject your order for any reason at our sole discretion. Your order will not be considered accepted until My Store confirms acceptance. Before accepting your order, we must receive and process your payment. Please carefully review your order before submitting it, as My Store may be unable to cancel an order once it has been accepted. If we do not accept, modify, or cancel an order, we will attempt to notify you by contacting the email address, billing address, and/or phone number provided at the time the order was placed.
Your purchases are subject to returns or exchanges only in accordance with our Return Policy [LINK].
You represent and warrant that products purchased by you are intended solely for personal or household use and are not intended for commercial resale or export.
CHAPTER 4 – PRICES AND BILLING
Prices, discounts, and promotions may 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 stated in the order confirmation email. Unless expressly stated otherwise, prices do not include VAT, shipping, handling, customs duties, or import fees.
Prices displayed in our online stores may differ from prices offered in physical stores, other online stores, or third-party stores operated by other companies. From time to time, we may offer promotions through the Services that may affect pricing and are subject to separate terms and conditions. In the event of a conflict between promotional terms and these Terms, the promotional terms shall prevail.
You agree to provide current, complete, and accurate purchase, payment, and account information for all purchases made through our stores. You agree to promptly update your account information, including your email address, credit card numbers, and expiration dates, so that we can complete your transactions and contact you when necessary.
You represent and warrant that:
(i) the credit card information you provide is true, accurate, and complete;
(ii) you are properly authorized to use such credit card for the purchase;
(iii) charges incurred by you will be honored by your credit card provider; and
(iv) you will pay all charges incurred at the stated prices, including shipping and handling costs and any applicable taxes.
CHAPTER 5 – SHIPPING AND DELIVERY
We are not responsible for delays in shipping or delivery. All delivery times are estimates only and are not guaranteed. We are not liable for delays caused by carriers, customs clearance, or events beyond our control. Ownership and risk of loss transfer to you when products are transferred to the carrier.
CHAPTER 6 – INTELLECTUAL PROPERTY
Our Services, including but not limited to all trademarks, brands, text, displays, images, graphics, product reviews, video and audio materials, as well as their design, selection, and arrangement, are owned by My Store, its affiliates, or licensors and are protected by U.S. and foreign patent, copyright, trademark, and other intellectual property laws.
These Terms of Service permit you to use the Services solely for personal and non-commercial purposes. You may not reproduce, distribute, modify, create derivative works from, publicly display, publicly perform, republish, download, store, or transmit any materials contained in the Services without our prior written consent.
Except as expressly provided herein, nothing in these Terms grants or shall be interpreted as granting you any license or other rights under any patent, trademark, copyright, or other intellectual property rights of My Store, Shopify, or any third party.
Unauthorized use of the Services may violate federal, state, and international intellectual property laws. All rights not expressly granted herein are reserved by My Store.
The names, logos, product and service names, designs, and slogans of My Store are trademarks of My Store or its affiliates or licensors. You may not use such trademarks without prior written permission from My Store.
Shopify, its logo, product and service names, designs, and slogans are trademarks of Shopify. All other names, logos, product and service names, designs, and slogans within the Services are trademarks of their respective owners.
CHAPTER 7 – OPTIONAL TOOLS
We may provide you with access to third-party tools through the Services that we do not monitor and over which we have no control or influence.
You acknowledge and agree that we provide access to such tools “as is” and “as available,” without any warranties, representations, or conditions of any kind and without any endorsement.
We shall have no liability arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the website is entirely at your own risk and discretion. You should ensure that you understand and accept the terms under which such tools are provided by the relevant third-party providers.
In the future, we may offer new features through the Services, including new tools and resources. Such new features shall also be considered part of the Services and shall be subject to these Terms of Service.
CHAPTER 8 – THIRD-PARTY LINKS
The Services may include materials and hyperlinks to websites provided or operated by third parties, including third-party embedded functionality.
We are not responsible for examining or evaluating the content or accuracy of any third-party materials or websites that you choose to access. If you leave the Services to access third-party materials or websites, you do so entirely at your own risk.
We are not responsible for any losses or damages related to your access to any third-party website, your purchase or use of any products, services, resources, or content on any third-party website.
Please carefully review the third party’s policies and practices and make sure you understand them before completing any transaction.
Complaints, claims, concerns, or questions regarding third-party products and services should be directed to the relevant third party.
CHAPTER 9 – SHOPIFY RELATIONSHIP
[SELLER NOTE: This section accurately describes the relationship between Shopify and your store and should not be removed or modified.]
My Store is powered by Shopify, which enables us to provide the Services to you. However, all sales and purchase transactions are conducted directly with My Store.
By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of any sale between you and My Store, including any injuries, damages, or losses arising from the purchase of Products and services.
You expressly release Shopify and Shopify’s affiliates from any claims, damages, and liabilities arising from or related to your purchase and transactions with My Store.
CHAPTER 10 – PRIVACY POLICY
All personal information collected through the Services is subject to our Privacy Policy, which can be viewed here [LINK]. Certain personal information may also be subject to Shopify’s Privacy Policy, which can be viewed here: https://www.shopify.com/legal/privacy/app-users.
By using the Services, you acknowledge that you have read and understood these privacy policies.
Because the Services are hosted by Shopify, Shopify collects and processes personal information related to your access to and use of the Services in order to provide and improve the Services for your benefit.
Information that you submit through the Services may be transferred to and shared with Shopify and third-party service providers that may be located in a different country than your place of residence in order to provide services to you.
Please review our Privacy Policy [LINK] for more detailed information about how we, Shopify, and our partners use your personal information.
CHAPTER 11 – FEEDBACK
If you submit, post, send by email, or otherwise provide any ideas, suggestions, feedback, 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 such Feedback in any medium and for any purpose, including commercial purposes.
For example, we may use our rights under this license to operate, provide, evaluate, improve, enhance, and promote the Services, as well as to fulfill our obligations and exercise our rights under these Terms of Service.
You further represent and warrant that:
(i) you own or otherwise have all necessary rights to all Feedback you provide;
(ii) you have disclosed any compensation or incentives received in connection with submitting Feedback; and
(iii) your Feedback complies with these Terms.
We are not and shall not be obligated to:
(1) keep your Feedback confidential;
(2) pay compensation for your Feedback; or
(3) respond to your Feedback.
We may, but have no obligation to, monitor, edit, or remove Feedback that we determine, in our sole discretion, is unlawful, offensive, threatening, defamatory, libelous, obscene, pornographic, abusive, or otherwise objectionable, or that violates any party’s intellectual property rights or these Terms of Service.
You agree that your Feedback will not violate any rights of any third party, including copyright, trademark, privacy, personality, or other personal or proprietary rights.
You further agree that your Feedback will not contain defamatory, unlawful, abusive, or obscene material, or contain any computer viruses or other malicious software that could affect the operation of the Services or any related website.
You may not use a false email address, impersonate another person, or otherwise mislead us or third parties regarding the origin of any Feedback.
You are solely responsible for any Feedback you submit and for its accuracy. We assume no responsibility and accept no liability for any Feedback posted by you or any third party.
CHAPTER 12 – ERRORS, INACCURACIES AND OMISSIONS
Sometimes information on the Services may contain typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, product charges, shipping 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 and without prior notice, including after you have submitted your order.
CHAPTER 13 – PROHIBITED USES
Access to and use of the Services is permitted only for lawful purposes.
You may not access or use the Services, directly or indirectly:
(a) for any unlawful purpose or in bad faith;
(b) to violate any international, federal, provincial, state, or local laws, rules, regulations, or ordinances;
(c) to infringe upon or violate our intellectual property rights or the intellectual property rights of others;
(d) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate against any of our employees or any other person;
(e) to submit false or misleading information;
(f) to upload, knowingly receive, transmit, download, use, or reuse any material that does not comply with these Terms;
(g) to send or solicit unauthorized advertising or promotional material, including “junk mail,” “chain letters,” “spam,” or similar communications;
(h) to impersonate or attempt to impersonate another person or entity; or
(i) to engage in any other activity that restricts or prevents anyone from using or enjoying the Services, or that may, in our judgment, harm My Store, Shopify, users of the Services, or expose them to liability.
You further agree not to:
(a) upload or transmit viruses or any other type of malicious code that may affect the functionality or operation of the Services;
(b) reproduce, duplicate, copy, extract, sell, resell, or exploit any part of the Services;
(c) collect or track the personal information of others;
(d) engage in spam, phishing, pharming, or impersonation of the Services;
(e) use robots, spiders, scraping tools, data collection or extraction tools, automated devices, artificial intelligence tools (including agent-based AI), or automated or manual methods to access the Services; or
(f) interfere with, bypass, or circumvent security features, authorization measures, robot exclusion headers, or other measures used by us to restrict access to the Services.
We reserve the right to suspend, disable, or terminate your account at any time and without notice if we determine that you have violated any part of these Terms.
CHAPTER 14 – AGENTS
14.1
This chapter (“Agents”) applies if you use, authorize, enable, or arrange for an Agent to access, use, or interact with any Services.
“Agent” means software or a service that performs autonomous or semi-autonomous actions on behalf of or at the direction of any person or entity and that may operate on behalf of or using that person’s device without direct supervision.
14.2
No Agent may access, use, or interact with the Services unless it identifies itself and operates in strict compliance with the requirements set out in Section 14.4 below.
Additionally, no Agent may access, use, or interact with the Services if we have requested that such Agent refrain from accessing, using, or interacting with any Services.
14.3
We may restrict, including through technical measures, whether and how an Agent accesses, uses, or interacts with the Services.
14.4
Agents must:
(i) for all HTTP/HTTPS requests, identify that the request originates from an Agent and disclose the Agent’s name by adding the following string to the request:
“Agent/[agent name]”
(ii) not conceal or disguise the fact that access, use, or interaction originates from an Agent, including by:
(a) imitating human behavior or interaction patterns; or
(b) completing or bypassing CAPTCHAs or measures designed to distinguish human use from computer use;
(iii) answer truthfully any questions or prompts intended to determine whether interactions originate from a human or a computer;
(iv) not bypass or otherwise avoid any measures designed to block, restrict, modify, or control whether and how Agents access, use, or interact with any Shopify consumer Services.
CHAPTER 15 – TERMINATION
We may terminate this agreement or prevent you from accessing the Services (or any part thereof) at our sole discretion, at any time and without notice. You will remain responsible for all amounts due up to and including the date of termination.
The following sections shall remain in effect following 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.
CHAPTER 16 – DISCLAIMER OF WARRANTIES
The information presented through or within the Services is provided for general informational purposes only.
We do not guarantee that such information is accurate, complete, or useful. Any reliance on such information is entirely at your own risk.
We disclaim all liability arising from reliance on such materials by you or any other person using the Services, or by anyone who may become aware of their contents.
EXCEPT AS EXPRESSLY PROVIDED BY [SELLER], THE SERVICES AND ALL PRODUCTS OFFERED THROUGH THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” FOR YOUR USE, WITHOUT ANY REPRESENTATIONS, WARRANTIES, OR CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, QUALITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE, AND NON-INFRINGEMENT.
WE DO NOT WARRANT, REPRESENT, OR GUARANTEE THAT YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR OTHER WARRANTIES, SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.
CHAPTER 17 – LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL THE SELLER, OUR AFFILIATES, DIRECTORS, OFFICERS, MANAGERS, EMPLOYEES, PARTNERS, AGENTS, CONTRACTORS, SERVICE PROVIDERS, LICENSORS, OR SHOPIFY AND ITS AFFILIATES BE LIABLE FOR ANY INJURY, LOSS, CLAIM, OR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND.
This includes, without limitation:
- lost profits;
- lost revenue;
- lost savings;
- loss of data;
- replacement costs; or
- any similar damages,
whether based on contract, tort (including negligence), strict liability, or otherwise, arising from your use of any Services or any products purchased through the Services, or any other claim related in any way to your use of the Services or any product.
This includes, but is not limited to, any errors or omissions in any content or any loss or damage incurred as a result of the use of the Services or any content (or product) posted, transmitted, or otherwise made available through the Services, even if advised of the possibility of such damages.
CHAPTER 18 – INDEMNIFICATION
You agree to indemnify, defend, and hold harmless My Store, Shopify, and our affiliates, partners, managers, directors, employees, agents, contractors, licensors, and service providers from and against any losses, damages, liabilities, or claims, including reasonable attorneys’ fees, arising from any third-party claim due to or related to:
(1) your breach of these Terms of Service or any documents incorporated herein 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, provided that failure to provide prompt notice will not relieve you of your obligations unless you suffer material prejudice as a result.
We may control the defense and settlement of such claim at your expense, including selecting legal counsel. However, we will not settle any claim requiring you to undertake non-monetary obligations without your consent, which shall not be unreasonably withheld.
You agree to cooperate in the defense of indemnified claims, including by providing relevant documents.
CHAPTER 19 – SEVERABILITY
If any provision of these Terms of Service is determined to be unlawful, void, or unenforceable, such provision shall nevertheless be enforceable to the fullest extent permitted by applicable law.
The unenforceable portion shall be deemed severed from these Terms of Service, and such determination shall not affect the validity and enforceability of the remaining provisions.
CHAPTER 20 – WAIVER; ENTIRE AGREEMENT
Our failure to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this website or relating to the Services constitute the entire agreement and understanding between you and us.
They govern your use of the Services and supersede all prior or contemporaneous agreements, communications, and proposals, whether oral or written, between you and us, including any previous versions of the Terms of Service.
Any ambiguities in the interpretation of these Terms of Service shall not be interpreted against the party responsible for drafting them.
CHAPTER 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. Any attempted assignment or transfer in violation of this provision shall be void.
We may transfer, assign, or delegate these Terms and our rights and obligations without your consent or notice.
CHAPTER 22 – GOVERNING LAW
These Terms of Service and any separate agreements under which we provide Services to you shall be governed by and interpreted in accordance with the laws and courts of the federal, state, or territorial jurisdiction in which My Store is located.
You and My Store consent to the personal and subject matter jurisdiction of such courts.
CHAPTER 23 – HEADINGS
The headings used in this document are included for convenience only and shall not limit or otherwise affect the provisions of these Terms of Service.
CHAPTER 24 – CHANGES TO TERMS OF SERVICE
You may 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 periodically check our website for changes.
We will notify you of any material changes to these Terms in accordance with applicable law, and such changes will become effective 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.
CHAPTER 25 – CONTACT INFORMATION
Questions regarding the Terms of Service should be sent to:
Our contact information is provided below: