Terms of service
TERMS OF SERVICE
OVERVIEW
Welcome to Mishmish Market! The terms "we", "us" and "our" refer to Mishmish Market. Mishmish Market operates this store and website, including all related information, content, features, tools, products and services in order to provide you, the customer, with a curated shopping experience (the "Services"). Mishmish Market is powered by Shopify, which enables us to provide the Services to you.
The below terms and conditions, together with any policies referenced herein (these "Terms of Service" or "Terms") describe your rights and responsibilities when you use the Services.
Please read these Terms of Service carefully, as they include important information about your legal rights and cover areas 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. If you do not agree to these Terms of Service or Privacy Policy, you should not use or access our Services.
SECTION 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 you have given us your consent to allow any of your minor dependents to use the Services on devices you own, purchase or manage.
To use the Services, including accessing or browsing our online stores or purchasing any of the products or services we offer, you may be asked to provide certain information, such as your email address, billing, payment, and shipping information. You represent and warrant that all the information you provide in our stores is correct, current and complete and that you have all rights necessary to provide this information.
You are solely responsible for maintaining the security of your account credentials and for all of your account activity. You may not transfer, sell, assign, or license your account to any other person.
SECTION 2 - OUR PRODUCTS
We have made every effort to provide an accurate representation of our products and services in our online stores. However, please note that colors or product appearance may differ from how they may appear on your screen due to the type of device you use to access the store and your device settings and configuration.
We do not warrant that the appearance or quality of any products or services purchased by you will meet your expectations or be the same as depicted or rendered in our online stores.
All descriptions of products are subject to change at any time without notice at our sole discretion. We reserve the right to discontinue any product at any time and may limit the quantities of any products that we offer to any person, geographic region or jurisdiction, on a case-by-case basis.
SECTION 3 - ORDERS
When you place an order, you are making an offer to purchase. Mishmish Market reserves the right to accept or decline your order for any reason at its discretion. Your order is not accepted until Mishmish Market confirms acceptance. We must receive and process your payment before your order is accepted.
Please review your order carefully before submitting, as Mishmish Market may be unable to accommodate cancellation requests after an order is accepted.
In the event that we do not accept, make a change to, or cancel an order, we will attempt to notify you by contacting the email, billing address, and/or phone number provided at the time the order was made.
Your purchases are subject to return or exchange solely in accordance with our Refund Policy.
You represent and warrant that your purchases are for your own personal or household use and not for commercial resale or export.
SECTION 4 - PRICES AND BILLING
Prices, discounts and promotions are subject to 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 set out in your order confirmation email.
Unless otherwise expressly stated, posted prices do not include taxes, shipping, handling, customs or import charges.
Prices posted in our online stores may be different from prices offered in physical stores or in online or other stores operated by third parties.
We may offer promotions on the Services from time to time that may affect pricing and that are governed by terms and conditions separate from these Terms. If there is a conflict between the terms for a promotion and these Terms, the promotion terms will govern.
You agree to provide current, complete and accurate purchase, payment and account information for all purchases made at our stores.
SECTION 5 - SHIPPING AND DELIVERY
All delivery times are estimates only and are not guaranteed. We are not responsible for delays caused by shipping carriers, customs processing, or events outside our control.
Once we transfer products to the carrier, title and risk of loss passes to you.
For additional information about shipping, please refer to our Shipping Policy.
SECTION 6 - INTELLECTUAL PROPERTY
Our Services, including but not limited to all trademarks, brands, text, displays, images, graphics, product reviews, video, and audio, and the design, selection, and arrangement thereof, are owned by Mishmish Market, its affiliates or licensors and are protected by U.S. and foreign patent, copyright and other intellectual property laws.
These Terms permit you to use the Services for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on the Services without our prior written consent.
Mishmish Market's names, logos, product and service names, designs, and slogans are trademarks of Mishmish Market or its affiliates or licensors. You must not use such trademarks without our prior written permission.
SECTION 7 - OPTIONAL TOOLS
You may be provided with access to customer tools offered by third parties as part of the Services, which we neither monitor nor have any control nor input.
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.
Any use by you of optional tools offered through the site is entirely at your own risk and discretion.
SECTION 8 - THIRD-PARTY LINKS
The Services may contain materials and hyperlinks to websites provided or operated by third parties.
We are not responsible for examining or evaluating the content or accuracy of third-party materials or websites you choose to access.
If you decide to leave the Services to access third-party websites, you do so at your own risk. Please review carefully the third party's policies and practices before engaging in any transaction.
SECTION 9 - RELATIONSHIP WITH SHOPIFY
Mishmish Market is powered by Shopify, which enables us to provide the Services to you. However, any sales and purchases you make in our Store are made directly with Mishmish Market.
By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of any sales between you and Mishmish Market, including any injury, damage, or loss resulting from purchased products and services.
SECTION 10 - PRIVACY POLICY
All personal information we collect through the Services is subject to our Privacy Policy.
Because the Services are hosted by Shopify, Shopify collects and processes personal information about your access to and use of the Services in order to provide and improve the Services for you.
For more information, please review our Privacy Policy.
SECTION 11 - FEEDBACK
If you submit, upload, post, email, or otherwise transmit any ideas, suggestions, feedback, reviews, proposals, plans, or other content ("Feedback"), you grant us a perpetual, worldwide, sublicensable, royalty-free license to use, reproduce, modify, publish, distribute and display such Feedback in any medium for any purpose, including commercial use.
You represent and warrant that you own or have all necessary rights to any Feedback you submit and that your Feedback does not violate the rights of any third party.
SECTION 12 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on or in the Services that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product 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 if any information is inaccurate at any time without prior notice.
SECTION 13 - PROHIBITED USES
You may access and use the Services for lawful purposes only.
You may not use the Services to violate any applicable laws or regulations, infringe intellectual property rights, transmit false or misleading information, distribute malicious software, interfere with the operation or security of the Services, or engage in fraudulent, abusive, or unlawful activity.
SECTION 14 - TERMINATION
We may terminate or suspend your access to the Services at any time if we determine that you have violated these Terms of Service or applicable laws.
The provisions relating to Intellectual Property, Feedback, Disclaimer of Warranties, Limitation of Liability, Indemnification, Privacy Policy, and any other provisions that by their nature should survive termination will remain in effect after termination.
SECTION 15 - DISCLAIMER OF WARRANTIES
The information presented on or through the Services is made available solely for general information purposes.
Except as expressly stated by Mishmish Market, the Services and all products offered through the Services are provided "as is" and "as available" without warranties of any kind, either express or implied.
We do not guarantee that your use of the Services will be uninterrupted, timely, secure, or error-free.
SECTION 16 - LIMITATION OF LIABILITY
To the fullest extent permitted by law, Mishmish Market, its partners, employees, affiliates, agents, contractors, service providers, and licensors shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising from your use of the Services or any products purchased through the Services.
SECTION 17 - INDEMNIFICATION
You agree to indemnify, defend, and hold harmless Mishmish Market, its partners, employees, affiliates, agents, contractors, licensors, and service providers from claims, damages, liabilities, and expenses arising from your violation of these Terms of Service or your unlawful use of the Services.
SECTION 18 - SEVERABILITY
If any provision of these Terms of Service is determined to be unlawful, void, or unenforceable, that provision shall be enforced to the fullest extent permitted by law and the remaining provisions shall remain in full force and effect.
SECTION 19 - WAIVER AND ENTIRE AGREEMENT
The failure of Mishmish Market to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of that right or provision.
These Terms of Service and any policies referenced herein constitute the entire agreement between you and Mishmish Market regarding your use of the Services.
SECTION 20 - ASSIGNMENT
You may not transfer or assign your rights or obligations under these Terms without our prior written consent.
Mishmish Market may transfer, assign, or delegate these Terms and its rights and obligations without consent or notice.
SECTION 21 - GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide Services shall be governed by the applicable laws and courts in the jurisdiction where Mishmish Market is headquartered.
SECTION 22 - CHANGES TO TERMS OF SERVICE
You can review 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 changes to our website.
SECTION 23 - CONTACT INFORMATION
Questions about these Terms of Service should be sent to:
Mishmish Market
Email: support@mishmishmarket.com