Terms of sevice
Terms of Service
OVERVIEW
This website is operated by Margot&Moss Boutique. Throughout the site, the terms
"we", "us" and "our" refer to Margot&Moss Boutique. Margot&Moss Boutique offers this
website, including all information, tools and services available from this site to
you, the user, conditioned upon your acceptance of all terms, conditions, policies
and notices stated here.
By visiting our website and/or making a purchase from us, you are engaging in our
"Service" and agree to the following terms and conditions ("Terms of Service",
"Terms"), including additional terms, conditions, and policies referenced herein
and/or available by hyperlink. These Terms of Service apply to all users of the Site,
including, but not limited to, users who are browsers, sellers, customers, merchants
and/or content contributors.
Please read these Terms of Service carefully before accessing or using our website.
By accessing or using any part of the Website, you signify your agreement to these
Terms of Service. If you do not agree to all of the terms of this Agreement, you may
not access the Site or use any of the Services. If these Terms of Service are
considered an offer, acceptance is expressly limited to these Terms of Service.
Any new features or tools that are added to an existing store are also subject to the
Terms of Service. You can view the most current version of the Terms of Service at any
time on this page. We reserve the right to update, change or replace any part of these
Terms of Service by posting updates and/or changes on our website. It is your
responsibility to check this page periodically for changes. Your continued use of or
access to the Site after changes are posted constitutes your acceptance of those
changes.
Our store is hosted on Shopify Inc. This provides us with an online e-commerce
platform that allows us to sell our products and services to you.
SECTION 1 - TERMS AND CONDITIONS OF THE ONLINE SHOP
By agreeing to these Terms of Service, you represent that you have reached the age of
majority in the state or province where you reside, and that you have consented to us
allowing your minor dependents to use this website.
You may not use our products for any illegal or unauthorized purpose, and your use of
the Service must not violate any laws in your jurisdiction (including, without
limitation, copyright laws).
You may not transmit worms or viruses or any code of a destructive nature.
Violation or failure to comply with these Terms will result in immediate termination
of the Service.
SECTION 2 - GENERAL TERMS AND CONDITIONS
We reserve the right to refuse service to any person for any reason at any time.
You acknowledge that your content (excluding credit card information) may be
transmitted unencrypted and may involve (a) transmissions over different networks and
(b) changes to accommodate and adapt to the technical requirements of connecting
networks or devices. Credit card information is always encrypted when transmitted over
networks.
You agree not to reproduce, duplicate, copy, sell, resell or misuse any portion of the
Service, use of the Service or access to the Service, or any contact on the website
through which the Service is provided without our express written consent.
The headings used in this Agreement are for convenience only and do not limit or
otherwise affect these Terms.
SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible for any failure of the information made available on this
website to be accurate, complete or current. The materials on this website are for
general information only and should not be used as the sole basis for making decisions
without consulting primary, more accurate, complete or current sources of information.
Any reliance on material on this website is at your own risk.
This website may contain some historical information. The historical information is
not necessarily current and is for informational purposes only. We reserve the right
to change the content of this website at any time, but we are under no obligation to
update any information on our website. You agree that it is your responsibility to
monitor our website for changes.
SECTION 4 - CHANGES TO SERVICES AND PRICES
Prices for our products are subject to change without notice.
We reserve the right to change or discontinue the Service (or any part or content
thereof) at any time without notice.
We will not be liable to you or any third party for any modification, price change,
suspension or termination of the Service.
SECTION 5 - PRODUCTS OR SERVICES (if applicable)
Certain products or services may be available exclusively online through the Site.
These products or services may be limited in quantity and can only be returned or
exchanged in accordance with our refund policy.
We strive to display as accurately as possible the colours and images of our products
displayed in the store. We cannot guarantee that the display of colours on your
computer screen will be accurate.
We reserve the right, but are not obligated, to restrict the sale of our products or
services to any person, geographic area or jurisdiction. We may exercise this right on
a case-by-case basis. We reserve the right to limit the quantity of any products or
services offered by us. Any product descriptions or product prices are subject to
change at any time without notice in our sole discretion. We reserve the right to
discontinue offering any product at any time. Any offer of a product or service on
this website is void where prohibited.
We do not warrant that the quality of products, services, information or other
materials purchased or obtained by you will meet your expectations or that any errors
in the service will be corrected.
SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. At our sole discretion, we
may limit or cancel the quantity of products purchased per person, household or order.
These restrictions may apply to orders placed with or under the same customer account,
credit card and/or orders using the same billing and/or shipping address. In the event
that we make a change or cancel an order, we may attempt to notify you by contacting
the email and/or billing address/phone number you provided at the time you placed the
order. We reserve the right to limit or prohibit orders that, in our sole judgment,
appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete, and accurate purchase and account information
for all purchases in our store. You agree to promptly update your account and other
information, including your email address and credit card number and expiration date,
so that we may complete your transactions and contact you if necessary.
Please refer to our Refund Policy for further information.
SECTION 7 - OPTIONAL TOOLS
We may provide you with access to third party tools that we cannot monitor or 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 and without any
endorsement. We assume no liability of any kind arising out of or related to your use
of optional third party tools.
Any use of optional tools offered through the Site is entirely at your own risk and
discretion, and you should ensure that you have read and agree to the terms and
conditions under which the tools are provided by the applicable third party providers.
We may also, in the future, offer new services and/or features through the Site
(including the release of new tools and resources). Such new features and/or services
are also subject to these Terms of Service.
SECTION 8 - LINKS TO THIRD PARTIES
Certain content, products and services available through our Service may contain third
party materials.
Third party links on this Site may direct you to third party websites that are not
affiliated with us. We are not responsible for examining or evaluating the content or
accuracy, and we are not responsible or liable for any third party materials or
websites or other third party materials, products or services.
We are not liable for any damages or injury related to the purchase or use of goods,
services, resources, content or other transactions made in connection with third
party websites. Please carefully review the third party's policies and procedures and
make sure you understand them before proceeding with any transaction. Complaints,
claims, concerns, or questions about third party products should be directed to the
third party.
SECTION 9 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you submit certain specific submissions (e.g., contest entries) or
send us creative ideas, suggestions, plans, or other materials, whether online, by
email, by mail, or otherwise (collectively, "Comments"), you agree that we may edit,
copy, publish, distribute, translate, and otherwise use the Comments you submit to us
in any medium at any time without restriction. We are not and will not be obligated to
(1) maintain the confidentiality of Comments; (2) pay compensation for Comments; or
(3) respond to Comments.
We may, but are not obligated to, monitor, edit or remove content that we, in our sole
discretion, deem unlawful, offensive, threatening, defamatory, libellous, pornographic,
obscene or otherwise objectionable or in violation of any party's intellectual property
rights or these Terms of Service.
You agree that your Comments will not infringe the rights of any third party,
including copyright, trademark, privacy, personality or other personal or proprietary
rights. You further agree that your comments will not contain defamatory or otherwise
unlawful, offensive or obscene material, nor will they contain any computer viruses or
other malware that could in any way affect the operation of the Service or any related
website. You may not use a false email address, impersonate anyone other than
yourself, or otherwise mislead us or third parties as to the origin of any Comments.
You are solely responsible for all of your comments and their accuracy. We take no
responsibility and assume no liability for any comments posted by you or any third
party.
SECTION 10 - PERSONAL INFORMATION
Your submission of personal information through the Store is subject to our Privacy
Policy.
SECTION 11 - ERRORS, INACCURACIES AND OMISSIONS
From time to time, there may be information on our Site or Service that contains
typographical errors, inaccuracies or omissions, which may relate to product
descriptions, pricing, promotions, offers, product shipping costs, 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 on the Service
or related websites is inaccurate, at any time and without notice (including after you
place an order).
We assume no obligation to update, change or clarify any information in the Service
or on related websites, including, without limitation, pricing information, unless
required to do so by law. Any stated update or refresh date used in the Service or on
any related website shall not be construed to mean that all information in the Service
or on any related website has been changed or updated.
SECTION 12 - PROHIBITED USES
In addition to the other prohibitions set forth in the Terms of Service, you are
prohibited from using the Site or its content: (a) for any unlawful purpose; (b) to
encourage others to commit or participate in any unlawful act; (c) to violate any
international, federal, provincial or state statute, rule, law or local regulation;
(d) to infringe or violate our intellectual property rights or the intellectual
property rights of others; (e) to harass, abuse, assault, defame, disparage,
intimidate or discriminate on the basis of gender, sexual orientation, religion,
ethnicity, race, age, national origin or disability; (f) to provide false or
misleading information; (g) to upload or transmit viruses or other forms of malicious
code that will or may be used in a manner that will or may affect the functionality or
operation of the Service or any related website, other websites or the Internet; (h)
to collect or monitor the personal information of others; (i) to send spam, phish,
pharm, pretext, spider, crawl, or scrape; (j) for obscene or immoral purposes; or (k)
to interfere with or circumvent the security features of the Service or any related
website, other websites, or the Internet. We reserve the right to terminate your use
of the Service or any related website for violating any of the prohibited uses.
SECTION 13 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not warrant, represent or guarantee that your use of our Service will be
uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from use of the Service will
be accurate or reliable.
You agree that we may remove or cancel the Service from time to time for an indefinite
period of time without notice to you.
You expressly agree that your use or inability to use the Service is at your own risk.
The Service and all products and services provided to you through the Service are
provided (unless we have expressly stated otherwise) "as is" and "as available" for
your use, without any representations, warranties or conditions of any kind, either
express or implied, including any implied warranties or conditions of merchantability,
fitness for a particular purpose, durability, title and non-infringement.
In no event shall Margot&Moss Boutique, our directors, officers, employees, affiliates,
agents, contractors, interns, suppliers, service providers or licensors be liable for
any damages, loss, claim or any direct, indirect, incidental, punitive, compensatory,
special or consequential damages of any kind, including, but not limited to, lost
profits, lost revenue, lost savings, lost data, replacement costs or similar damages,
whether in contract, tort (including negligence), strict liability or otherwise,
arising out of your use of the Service or products obtained through the Service or any
other claim relating in any way to your use of the Service or any product, including,
without limitation, any errors or omissions in any content or any loss or damage of
any kind arising out of your use of the Service or any content (or product) posted,
transmitted or otherwise made available through the Service, even if you have been
advised of the possibility of such damages. Because some states or jurisdictions do
not allow the exclusion or limitation of liability for consequential or incidental
damages, in such states or jurisdictions our liability will be limited to the maximum
extent permitted by law.
SECTION 14 - INDEMNIFICATION
You agree to indemnify and hold harmless Margot&Moss Boutique and our parent companies,
subsidiaries, affiliates, partners, officers, directors, agents, contractors,
licensors, service providers, subcontractors, suppliers, interns and employees from
and against any claim or demand, including reasonable attorneys' fees, made by any
third party due to or arising out of your breach of these Terms of Service or the
documents they incorporate by reference, or your violation of any law or the rights of
a third party.
SECTION 15 - SEVERABILITY
In the event that any provision of these Terms of Service is determined to be illegal,
invalid or unenforceable, such provision shall nevertheless be enforceable to the
maximum extent permitted by applicable law and the unenforceable portion shall be
deemed severable from these Terms of Service and such determination shall not affect
the validity and enforceability of the remaining provisions.
SECTION 16 - TERMINATION
The obligations and liabilities of the parties incurred prior to the date of
termination shall, for all purposes, survive the termination of this Agreement.
These Terms of Service are effective until terminated by you or us. You may terminate
these Terms of Service at any time by notifying us that you no longer wish to use our
services or by ceasing to use our website.
If, in our sole discretion, you fail to comply, or we suspect that you have failed to
comply, with any term or provision of these Terms of Service, we may also terminate
this Agreement at any time without notice and you will remain liable to pay all
amounts due up to and including the date of termination; and/or we may accordingly
deny you access to our Services (or any part thereof).
SECTION 17 - 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 that we post on the Site or
in connection with the Service constitute the entire agreement and understanding
between you and us and govern your use of the Service, superseding all prior or
contemporaneous agreements, communications and proposals, oral or written, between you
and us (including, without limitation, any prior versions of the Terms of Service).
Any ambiguity in the interpretation of these Terms of Service will not be construed
against the party drafting them.
SECTION 18 - CHANGES TO THE TERMS OF SERVICE
You may view the most current version of the Terms of Service at any time on this
page.
We reserve the right, in 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 site periodically for changes. Your continued use of or
access to our site or service after changes to these Terms of Service are posted will
mean that you accept those changes.
SECTION 19 - CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at info@margotmoss.com.