Terms of service

Overview

Welcome to My Store! "We", "us" and "our" refer to My Store. My Store operates a store and website and provides you with a curated shopping experience, including all related information, content, features, tools, products and services (the "Services"). My Store is operated by Shopify and provides services to you.

The following terms of use and all policies referenced herein ("Terms of Use" or "Terms") explain your rights and responsibilities when you use the Services.

Please read these Terms of Use carefully as they contain important information about your legal rights, as well as warranty disclaimers and limitations of liability.

By browsing and interacting with our Services, you agree to these Terms of Use and our Privacy Policy [LINK] . If you do not agree to these Terms of Use or the Privacy Policy, please do not use or access our Services.

Section 1 - Access and Account

By agreeing to these Terms of Use, you represent that you are the age of majority in your state or province of residence and have given us your consent to allow your minor dependent to use the Services through devices that you own, purchase, or control.

To use our Services (including accessing or browsing our online store or purchasing products or services offered by us), you may provide us with certain information, such as your email address, billing information, payment information, 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 your account credentials and all activity under your account. You may not transfer, sell, assign, or license your account to anyone else.

Article 2 - Our Products

We make every effort to accurately represent our products and services in the Online Store. However, please be aware that the colors and appearance of our products on your screen may differ from the actual product depending on the type of device you are using and the settings and configuration of the device.

We do not guarantee that the appearance or quality of the products or services you purchase will meet your expectations or be as displayed in the Online Store.

Product descriptions may change at any time, without notice, and at our discretion. We reserve the right to discontinue the sale of any product at any time and may limit the quantities of products that we provide to any person, geographic area, or jurisdiction, at our discretion.

Article 3 - Orders

By placing an order, you are making an offer to purchase. My Store reserves the right to accept or reject your order for any reason, at its discretion. Your order is not accepted until My Store confirms your acceptance. We must receive and process your payment before we can accept your order. Please review your order carefully before placing it. Once your order has been accepted, My Store may not be able to accommodate your request to cancel it. If we do not accept, change, or cancel your order, we will endeavor to notify you by contacting you at the email address, billing address, and/or phone number you provided when placing your order.

We will only accept returns or exchanges of your purchases in accordance with our Refund Policy [LINK].

You represent and warrant that the products you purchase are for your own personal or household use and are not intended for commercial resale or export.

 

Article 4 - Prices and Billing

Prices, discounts and promotions are subject to change without notice. The price of any product or service will be the price applicable at the time of your order and will be set forth in the order confirmation email. Unless otherwise stated, the listed price does not include any taxes, shipping, handling, customs duties or import fees.

Prices displayed on our online store may differ from prices offered in physical stores, third-party online stores or other stores. We may run promotions on the Services from time to time that may affect pricing and are governed by separate terms and conditions. If there is a conflict between the terms of a promotion and these Terms, the terms of the promotion will control.

You agree to provide current, complete and accurate purchase, payment and account information for all purchases made on our store. You agree to promptly update your account and other information, including your email address, credit card number, and expiration date, in order to complete your transactions and contact you as needed.

You represent and warrant that: (i) the credit card information you provide is true, accurate and complete, (ii) you have the legal authority to use the credit card to make purchases, (iii) your credit card company will be authorized to charge you, and (iv) you will pay the posted price and all charges, including shipping, handling and all applicable taxes.

Article 5 - Shipping and Delivery

We are not responsible for shipping and delivery delays. Delivery times are estimates only and are not guaranteed. We are not responsible for delays caused by carrier delays, customs clearance, or events outside our control. Title and risk of loss pass to you upon delivery of the products to the carrier.

Article 6 - Intellectual Property Rights

Our Services (including, without limitation, trademarks, brands, text, displays, images, graphics, product reviews, video and audio, and the design, selection and arrangement thereof) are the property of My Store and its affiliates or licensors and are protected by U.S. and foreign patent, copyright and other intellectual property laws.

These Terms of Use permit you to use the Services solely for your personal and non-commercial use. You may not copy, distribute, modify, create derivative works from, publicly display, publicly perform, repost, download, store, or transmit any content on the Services without our prior written consent. Except as expressly set forth herein, nothing in these Terms shall be construed as granting to you any license or other right under any patent, trademark, copyright, or other intellectual property right of My Store, Shopify, or any third party. Unauthorized use of the Services may violate federal and state intellectual property laws. All rights not expressly granted in these Terms are reserved to My Store.

My Store names, logos, product and service names, designs, and slogans are trademarks of My Store or its affiliates or licensors. You may not use these trademarks without My Store's prior written permission. Shopify names, logos, product and service names, designs, and slogans are trademarks of Shopify. All other names, logos, product and service names, designs and slogans on the Service are trademarks of their respective owners.

Section 7 - Optional Tools

As part of the Service, we may provide you with access to customer tools provided by third parties, which we do not monitor and have no control over, nor any involvement in the content of.

You acknowledge and agree that we provide access to these tools on an "as is" and "as available" basis, without any warranties, representations or conditions and without any endorsement or recommendation. We shall have no liability whatsoever arising from or in connection with your use of optional third-party tools.

Your use of any tools available through our site is entirely at your own risk and discretion and you should ensure that you are familiar with and agree to the terms of use set by the applicable third party.

We may, in the future, offer new features through our Service (including the provision of new tools and/or resources). These new features shall also be considered part of the Service and shall be subject to these Terms of Use.

Article 8 - Third Party Links

The Services may contain materials and hyperlinks (including embedded third-party features) to websites provided or operated by third parties. We are not responsible for examining or evaluating the content or accuracy of any third-party materials or websites you access. If you leave the Services and access such materials or third-party sites, you do so at your own risk.

We are not liable for any damages incurred in connection with your access to third-party websites or the purchase or use of any goods, services, resources, or content on third-party websites. Please review and understand the policies and practices of the third party before engaging in any transaction. If you have any complaints, claims, concerns, or questions regarding third-party products or services, please contact the third party directly.

Article 9 - Relationship with Shopify

[Note to Merchants This section accurately represents the relationship between Shopify and your store and should not be deleted or altered. ]

My Store is operated by Shopify to provide services to you. However, all purchases and sales you make on our store are made directly with My Store. By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of purchases and sales to My Store, including any damages or injuries resulting from any purchased goods or services. You expressly release Shopify and its affiliates from all claims, damages, and liability arising from or related to your purchases and transactions with My Store.

Section 10 - Privacy Policy

All personal information we collect through the Services is subject to our Privacy Policy (available here: [LINK]). In addition, some personal information may be subject to Shopify's Privacy Policy (available here). By using the Services, you acknowledge that you have read these privacy policies.

Because the Services are hosted by Shopify, Shopify collects and processes personal information about your access to and use of the Services to provide and improve the Services to you. Information you submit to the Services will be shared and transmitted to Shopify and third parties who may be located outside your country of residence, and used to provide the Services to you. For more information about how we, Shopify, and our partners use your personal information, please see our Privacy Policy (here: [LINK]).

Section 11 - Feedback

When you submit, upload, post, email, or otherwise transmit any ideas, suggestions, feedback, reviews, plans, programs, or other content (collectively, "Feedback"), you grant us a perpetual, worldwide, sublicensable, royalty-free license to use, copy, modify, publish, distribute, and display the Feedback for any purpose, including commercial purposes. For example, we may use the rights under this license to operate, provide, evaluate, enhance, improve, and promote the Services, and to fulfill our obligations and exercise our rights under these Terms of Use.

You also represent and warrant that: (i) you own or have all necessary rights to your Feedback, (ii) you have disclosed any compensation or incentives you received in connection with your submission of Feedback, and (iii) your Feedback complies with these Terms of Use. We are under no obligation to: (1) maintain your Feedback in confidence, (2) pay any compensation for your Feedback, or (3) respond to your Feedback.

We may, but are not obligated to, monitor, edit or remove Feedback that we determine in our sole discretion to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise inappropriate or that violates any third party's intellectual property rights or these Terms of Use.

You agree that your Feedback will not violate any third party right, including copyright, trademark, privacy right, publicity right, or other personal or proprietary right. You further agree that your Feedback will not contain libelous or otherwise unlawful, abusive or obscene material, or any other computer virus or malware that could affect the operation of the Service or any related website. You may not use a false e-mail address, impersonate any person, or otherwise mislead us or third parties as to the origin of your Feedback. You are solely responsible for any Feedback you provide and its accuracy. The Company takes no responsibility and shall not be liable for any Feedback posted by you or any third party.

Section 12 - Errors, Inaccuracies and Omissions

There may be information on or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders (even after you have placed your order) if any information is inaccurate at any time without prior notice.

Article 13 - Prohibitions

You shall access and use the Services only for lawful purposes. You shall not access or use the Services, directly or indirectly, for the following purposes: (a) for any illegal or malicious purpose; (b) to violate any international, federal, provincial, state, or local law; (c) to infringe or violate our intellectual property rights or those of any third party; (d) to harass, abuse, insult, defame, libel, slander, intimidate, or otherwise harm our employees or any other person; (e) to transmit false or misleading information; (f) to send, receive, upload, download, use, or reuse any material that does not comply with these Terms of Use; (g) to transmit or solicit advertising or promotional materials (including "junk mail," "chain letters," "spam," or any other similar solicitation); (h) to impersonate or attempt to impersonate any person or entity; (i) to take any action that, in our opinion, restricts or inhibits anyone from using or enjoying the Services or may harm My Store, Shopify, or users of the Services or expose them to liability.

In addition, you agree not to: (a) uploading or transmitting viruses or any other malicious code that will or may affect the functionality or operation of the Service; (b) reproducing, copying, selling, reselling, or exploiting any part of the Service; (c) collecting or tracking personal information of others; (d) engaging in spamming, phishing, pharming, false pretenses, web crawling or scraping; or (e) interfering with or circumventing the security features of the Service or any related website, other websites, or the Internet. We have the right to suspend, disable, or terminate your account without prior notice if we believe that you have violated any provision of these Terms of Use.

Article 14 - Termination

We may terminate this Agreement or your access to the Service (or any part thereof) at any time in our sole discretion without notice, and you will remain liable for all amounts due up to the date of termination.

The following provisions will continue to apply even after termination. Intellectual Property Rights, Feedback, Termination, Disclaimer of Warranties, Limitation of Liability, Indemnity, Severability, Waiver, Entire Agreement, Assignment, Governing Law, Privacy Policy, and any other provisions which by their nature should survive termination.

Article 15 - Disclaimer of Warranties

The information provided on or through the Service is for general informational purposes only. We do not guarantee the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you, any other user of the Service, or any third party who may be aware of the contents of the Service.

Except as expressly stated by My Store, the Service and all products delivered to you through the Service are provided "as is" and "as available" without any representation, warranties or conditions of any kind, either express or implied, including any implied warranties of merchantability, fitness for a particular purpose, durability, title, and non-infringement. We do not guarantee, represent or warrant that your use of the Service will be uninterrupted, timely, secure or error-free. Some jurisdictions do not allow or limit the disclaimer of implied or other warranties, so the above disclaimer may not apply to you.

Section 16 - Limitation of Liability

To the maximum extent permitted by law, in no event shall My Store and our partners, directors, officers, employees, affiliates, agents, contractors, service providers, licensors, and Shopify and its affiliates be liable for any injury, loss, claim, direct, indirect, incidental, punitive, special or consequential damages (including, without limitation, lost profits, lost revenue, lost savings, lost data, replacement costs, or similar damages) arising out of or related to your use of the Service or any products obtained through the Service, whether based on contract, tort (including negligence), strict liability or any other legal theory. We also assume no liability for any errors or omissions in any content (or products) posted, transmitted or otherwise made available through the Service, or for any loss or damage of any kind incurred in connection therewith, even if we have been advised of the possibility of such errors or omissions in any content (or products) posted, transmitted or otherwise made available through the Service.

Section 17 - Indemnification Obligations

You agree to indemnify, defend, and hold harmless My Store, Shopify, and our affiliates, partners, officers, directors, employees, agents, contractors, licensors, and service providers from any loss, damage, liability, or claim (including reasonable attorneys' fees) incurred by any third party arising from or related to:

(1) your breach of these Terms of Service or the documents they incorporate,
(2) your violation of any law or the rights of a third party, or
(3) your access to or use of the Service.

We will notify you of any claim subject to indemnification. However, failure to provide prompt notice will not relieve you of your indemnification obligations unless it causes you material prejudice. We may control the defense and settlement of such claims, including the selection of counsel, at your expense, but will not enter into any settlement involving non-monetary obligations by you without your consent, which will not be unreasonably withheld. You will cooperate with the defense of any claim that is subject to indemnification, including by providing relevant materials.

Article 18 - Severability

If any provision of these Terms of Use is determined to be illegal, void, or unenforceable, that provision will remain in full force and effect to the fullest extent permitted by applicable law, and the unenforceable portion will be deemed severed from these Terms of Use. Such determination will not affect the validity and enforceability of any remaining provisions.

Section 19 - Waiver and Entire Agreement

The failure of us to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision.

These Terms of Use and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals (whether oral or written) between you and us with respect to use of the Service.

Any ambiguities in the interpretation of these Terms of Use shall not be construed against the drafting party.

Article 20 - Assignment

You may not delegate, assign or transfer this Agreement or any of your rights or obligations under these Terms of Use without our prior written consent. Any such attempt will be deemed void. We may assign, transfer or delegate these Terms of Use and our rights and obligations without your consent or notice.

Article 21 - Governing Law

These Terms of Use and any separate agreements for services we provide shall be governed by and construed in accordance with the laws of the federal and state (or territorial) courts located in the jurisdiction of My Store's head office. You and My Store consent to venue and personal jurisdiction in such courts.

Article 22 - Headings

The headings used in this agreement are for convenience only and shall not affect the interpretation or application of these Terms of Use.

Article 23 - Changes to Terms of Use

You can review the most current version of the Terms of Use at any time on this page.
We reserve the right, at our sole discretion, to update, modify or replace any part of these Terms of Use, in whole or in part, and will notify you of such updates and changes by posting them on our website. You are responsible for periodically checking our website to stay informed of changes. We will notify you of material changes to these Terms of Use in accordance with applicable law, and such changes will be effective from the date stated in the notice. By continuing to use or access the Service after changes to these Terms of Use are posted, you are deemed to have accepted the changes.

Article 24 - Contact Information

If you have any questions about the Terms of Use, please send them to yardleyluk@gmail.com.
Our contact information is as follows:
[Insert Business Name]
yardleyluk@gmail.com
[Insert Business Address]
[Insert Business Phone Number]
[Insert Business Registration Number]
[Insert VAT Registration Number]