Terms of service

TERMS OF SERVICE

OVERVIEW

Welcome to MerryShape! The terms “we”, “us”, and “our” refer to MerryShape. We operate this website and related services to provide you with a curated shopping experience (the “Services”). Our store is powered by Shopify, which enables us to offer these Services to you.

These Terms of Service (“Terms”) govern your use of our website and Services. Please read them carefully, as they contain important information about your legal rights, including warranty disclaimers and limitations of liability.

By accessing or using our Services, you agree to be bound by these Terms and our Privacy Policy [LINK]. If you do not agree, please do not use our Services.

SECTION 1 - ACCESS AND ACCOUNT

By agreeing to these Terms, you confirm that you are at least the age of majority in your state or province of residence. If you are using the Services on behalf of a minor dependent, you consent to their use and are responsible for their activities.

To access certain features, including making a purchase, you may be required to provide information such as your email, billing, payment, and shipping details. You represent and warrant that all information you provide is accurate, current, and complete.

You are solely responsible for maintaining the confidentiality of your account credentials and for all activity conducted through your account. You may not transfer, sell, or assign your account to any third party.

SECTION 2 - OUR PRODUCTS

We strive to display our products as accurately as possible. However, the appearance of colors and product details may vary depending on your device’s screen settings and resolution.

We do not warrant that the quality or appearance of any product will meet your expectations or match the depiction on our website. All product descriptions are subject to change without notice. We reserve the right to discontinue any product or limit quantities offered to any person or region at our sole discretion.

SECTION 3 - ORDERS

Placing an order constitutes an offer to purchase. We reserve the right to accept or decline any order for any reason. Your order is only accepted when we send you an order confirmation email. Payment must be processed before acceptance.

Please review your order carefully before submission. We may not be able to accommodate cancellation requests once an order has been accepted. If we cancel or modify your order, we will attempt to notify you using the contact information provided.

All purchases are subject to our Refund Policy [LINK]. You represent and warrant that you are purchasing for personal or household use, not for commercial resale or export.

SECTION 4 - PRICES AND BILLING

Prices, discounts, and promotions are subject to change without notice. The price charged will be the price in effect at the time of order placement and will be confirmed in your order confirmation email. Unless otherwise stated, prices do not include taxes, shipping, handling, customs, or import duties.

Prices on our website may differ from those in physical or third-party stores. Promotions are governed by separate terms, which will prevail in case of conflict with these Terms.

You agree to provide accurate and up-to-date payment and account information. You represent and warrant that:

  • Your credit card information is valid and accurate.
  • You are authorized to use the payment method.
  • You will pay all charges incurred, including applicable taxes and fees.

SECTION 5 - SHIPPING AND DELIVERY

Delivery times are estimates only and are not guaranteed. We are not liable for delays caused by shipping carriers, customs, or other events beyond our reasonable control. Title and risk of loss transfer to you once the product is handed over to the carrier.

SECTION 6 - INTELLECTUAL PROPERTY

All content on our Services—including text, graphics, logos, images, videos, and software—is the property of MerryShape, its affiliates, or licensors and is protected by intellectual property laws.

These Terms grant you a limited, non-exclusive, non-transferable license to use the Services for personal, non-commercial purposes only. You may not reproduce, distribute, modify, or create derivative works without our prior written consent.

All rights not expressly granted are reserved. Unauthorized use may violate copyright, trademark, and other laws. Our trademarks, logos, and slogans may not be used without permission. Shopify’s trademarks are the property of Shopify Inc.

SECTION 7 - OPTIONAL TOOLS

We may provide access to third-party tools (“Optional Tools”) over which we have no control. You acknowledge that we provide these tools “as is” and “as available” without any warranties or endorsements. Your use of such tools is entirely at your own risk and discretion. You should review the terms of the third-party providers before using their tools.

We may introduce new features or tools in the future, which will also be subject to these Terms.

SECTION 8 - THIRD-PARTY LINKS

Our Services may contain links to third-party websites or content. We are not responsible for examining or evaluating the content or accuracy of such external sites. Accessing third-party websites is at your own risk.

We are not liable for any harm or damages arising from your use of third-party websites, products, or services. Please review the policies of third parties before engaging in any transactions. Any complaints should be directed to the relevant third party.

SECTION 9 - RELATIONSHIP WITH SHOPIFY

Our store is powered by Shopify. However, all sales are conducted directly between you and MerryShape. Shopify is not responsible for any aspect of your transactions with us, including any loss, damage, or injury resulting from purchased products or services. You release Shopify and its affiliates from any claims arising from your purchases with MerryShape.

SECTION 10 - PRIVACY POLICY

Your personal information is collected and used in accordance with our Privacy Policy [LINK]. Additionally, because our Services are hosted by Shopify, your information may be subject to Shopify’s Privacy Policy [LINK].

By using our Services, you consent to the collection and processing of your personal information by us, Shopify, and our partners, which may be located in countries other than your own. Please review our Privacy Policy for more details.

SECTION 11 - FEEDBACK

If you submit feedback, reviews, suggestions, or other content (“Feedback”), you grant us a perpetual, worldwide, royalty-free license to use, modify, and distribute that Feedback for any purpose, including commercial use.

You represent that you own or have the necessary rights to your Feedback, and that it does not violate any third-party rights. We are not obligated to maintain confidentiality, compensate you, or respond to your Feedback.

We reserve the right, but not the obligation, to monitor and remove Feedback that we deem unlawful, offensive, or otherwise objectionable.

SECTION 12 - ERRORS, INACCURACIES, AND OMISSIONS

Occasionally, our Services may contain typographical errors, inaccuracies, or omissions related to product descriptions, pricing, promotions, availability, or shipping. We reserve the right to correct any such errors and to update or cancel orders without prior notice, even after an order has been submitted.

SECTION 13 - PROHIBITED USES

You may use our Services only for lawful purposes. You may not use the Services to:

  • Engage in any unlawful or fraudulent activity.
  • Violate any laws or regulations.
  • Infringe on our or others’ intellectual property rights.
  • Harass, abuse, defame, or harm others.
  • Transmit false or misleading information.
  • Send spam or unsolicited advertising.
  • Impersonate any person or entity.
  • Upload malicious code or viruses.
  • Scrape, crawl, or use automated means to access the Services.
  • Bypass security measures or interfere with the operation of the Services.

We reserve the right to suspend or terminate your account if you violate these Terms.

SECTION 14 - AGENTS

If you deploy an “Agent” (e.g., automated software or AI) to interact with our Services, you must comply with the following:

  • Identify all Agent requests in HTTP headers with Agent/[agent name].
  • Not mimic human behavior or circumvent CAPTCHAs.
  • Respond truthfully to inquiries about whether interactions are automated.
  • Not bypass any measures designed to control or limit Agent access.

We may restrict or block Agent access at our discretion.

SECTION 15 - TERMINATION

We may terminate your access to the Services at any time, without notice, at our sole discretion. Upon termination, you remain liable for all amounts due. Provisions that by their nature should survive termination (e.g., Intellectual Property, Indemnification, Limitations of Liability) will continue to apply.

SECTION 16 - DISCLAIMER OF WARRANTIES

The information provided through the Services is for general informational purposes only and is not guaranteed to be accurate, complete, or current. Use of any information is at your own risk.

To the fullest extent permitted by law, the Services and all products are provided “as is” and “as available,” without any warranties of any kind, express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that the Services will be uninterrupted, secure, or error-free.

SECTION 17 - LIMITATION OF LIABILITY

To the fullest extent permitted by law, MerryShape, our affiliates, and Shopify shall not be liable for any direct, indirect, incidental, punitive, special, or consequential damages arising from your use of the Services or products, including lost profits, lost data, or replacement costs, even if advised of the possibility of such damages.

This limitation applies to all claims, whether based on contract, tort, negligence, strict liability, or otherwise.

SECTION 18 - INDEMNIFICATION

You agree to indemnify, defend, and hold harmless MerryShape, Shopify, and their respective affiliates, officers, directors, employees, and agents from any claims, losses, or damages (including reasonable attorneys’ fees) arising from:

  • Your breach of these Terms.
  • Your violation of any law or third-party rights.
  • Your use of the Services.

We may control the defense of any claim at your expense, provided we do not settle any claim requiring non-monetary obligations from you without your consent.

SECTION 19 - SEVERABILITY

If any provision of these Terms is found to be unlawful or unenforceable, the remaining provisions shall remain in full force and effect.

SECTION 20 - WAIVER; ENTIRE AGREEMENT

Failure to enforce any right or provision does not constitute a waiver. These Terms, along with any policies posted on our website, constitute the entire agreement between you and us, superseding all prior agreements.

SECTION 21 - ASSIGNMENT

You may not assign or transfer these Terms or any of your rights or obligations without our prior written consent. We may assign our rights and obligations at any time without notice.

SECTION 22 - GOVERNING LAW

These Terms shall be governed by and construed in accordance with the laws of the jurisdiction where MerryShape is headquartered. You and MerryShape consent to the exclusive jurisdiction of the courts in that jurisdiction.

SECTION 23 - HEADINGS

Headings are for convenience only and do not affect the interpretation of these Terms.

SECTION 24 - CHANGES TO TERMS OF SERVICE

We reserve the right to update or modify these Terms at any time. Changes will be posted on this page, and we will notify you of material changes as required by law. Your continued use of the Services after changes are posted constitutes your acceptance of the revised Terms.

SECTION 25 - CONTACT INFORMATION

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

MerryShape
Email: info@merryshape.com