Terms of service
OVERVIEW
Welcome to mysTEAry. The terms "we", "us" and "our" refer to mysTEAry. mysTEAry 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"). mysTEAry 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, you should not use or access our Services.
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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 province or state of residence. You are solely responsible for maintaining the security of your account credentials and for all account activity. You may not transfer, sell, assign, or license your account to any other person.
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SECTION 2 - OUR PRODUCTS
We have made every effort to provide an accurate representation of our products. Colors or product appearance may differ from how they appear on your screen. We reserve the right to discontinue any product at any time and may limit quantities offered.
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SECTION 3 - ORDERS
When you place an order, you are making an offer to purchase. mysTEAry reserves the right to accept or decline any order. Your order is not accepted until mysTEAry confirms acceptance and payment is received. Your purchases are subject to return or exchange solely in accordance with our Refund Policy.
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SECTION 4 - PRICES AND BILLING
Prices, discounts and promotions are subject to change without notice. Posted prices do not include taxes, shipping, handling, customs or import charges unless expressly stated. You agree to provide accurate and complete payment information for all purchases.
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SECTION 5 - SHIPPING AND DELIVERY
We are not liable for shipping and delivery delays. All delivery times are estimates only and are not guaranteed. Once we transfer products to the carrier, title and risk of loss passes to you.
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SECTION 6 - INTELLECTUAL PROPERTY
Our Services, including all trademarks, text, images, graphics, video, and audio, are owned by mysTEAry and protected by applicable intellectual property laws. You may not reproduce, distribute, modify, or transmit any material on the Services without our prior written consent. All rights not expressly granted herein are reserved by mysTEAry.
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SECTION 7 - OPTIONAL TOOLS
You may be provided access to third-party tools as part of the Services. We provide these tools "as is" without any warranties or endorsement. Use of optional third-party tools is entirely at your own risk.
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SECTION 8 - THIRD-PARTY LINKS
The Services may contain links to third-party websites. We are not responsible for the content, accuracy, or practices of any third-party sites. You access them at your own risk.
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SECTION 9 - RELATIONSHIP WITH SHOPIFY
[NOTE: This section should not be removed or modified.]
mysTEAry is powered by Shopify. However, all sales and purchases are made directly with mysTEAry. Shopify is not responsible for any aspect of sales between you and mysTEAry. You expressly release Shopify and its affiliates from all claims arising from your purchases and transactions with mysTEAry.
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SECTION 10 - PRIVACY POLICY
All personal information we collect is subject to our Privacy Policy. By using the Services, you acknowledge that you have read our privacy policy and Shopify's Privacy Policy.
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SECTION 11 - FEEDBACK
By submitting feedback, reviews, or suggestions, you grant mysTEAry a perpetual, worldwide, royalty-free license to use, reproduce, modify, publish, and distribute such content for any purpose. You represent that you own or have all rights necessary to submit the feedback.
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SECTION 12 - ERRORS, INACCURACIES AND OMISSIONS
We reserve the right to correct errors, inaccuracies or omissions and to change or update information or cancel orders if any information is inaccurate at any time without prior notice.
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SECTION 13 - PROHIBITED USES
You may access and use the Services for lawful purposes only. You may not use the Services for any unlawful or malicious purpose, to violate regulations or laws, to infringe intellectual property rights, to harass or harm others, to transmit false or misleading information, to send spam, or to impersonate any person or entity.
You also agree not to upload malicious code, collect personal information of others, or interfere with or circumvent the security features of the Services.
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SECTION 14 - AGENTS
14.1 This section applies if you use, allow, enable, or cause the deployment of an Agent to access, use, or interact with any Services. "Agent" means any software or service that takes autonomous or semi-autonomous action on behalf of any person or entity without direct supervision.
14.2 No Agent may access, use, or interact with Services unless it identifies itself and operates in strict accordance with Section 14.4 below.
14.3 We may limit, including by technical measures, whether and how any Agent accesses or interacts with Services.
14.4 Agents must: (i) identify themselves as an Agent in all HTTP/HTTPS requests; (ii) not conceal or obfuscate that interactions are from an Agent; (iii) respond truthfully to any prompt seeking to determine if interactions are from a human or computer; (iv) not circumvent any measure intended to block or limit Agent access.
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SECTION 15 - TERMINATION
We may terminate this agreement or your access to the Services at any time without notice. You will remain liable for all amounts due up to and including the date of termination.
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SECTION 16 - DISCLAIMER OF WARRANTIES
EXCEPT AS EXPRESSLY STATED BY MYSTEARY, THE SERVICES AND ALL PRODUCTS ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT ANY REPRESENTATION, WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED. WE DO NOT GUARANTEE THAT USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE.
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SECTION 17 - LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PROVIDED BY LAW, MYSTEARY AND ITS AFFILIATES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND ARISING FROM YOUR USE OF THE SERVICES OR ANY PRODUCTS PROCURED THROUGH THE SERVICES.
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SECTION 18 - INDEMNIFICATION
You agree to indemnify and hold harmless mysTEAry, Shopify, and our affiliates from any losses, damages, liabilities or claims arising out of (1) your breach of these Terms, (2) your violation of any law or the rights of a third party, or (3) your use of the Services.
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SECTION 19 - SEVERABILITY
If any provision of these Terms is determined to be unlawful or unenforceable, that provision shall be severed and shall not affect the validity of any other remaining provisions.
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SECTION 20 - WAIVER; ENTIRE AGREEMENT
Failure to exercise any right or provision of these Terms shall not constitute a waiver. These Terms constitute the entire agreement between you and mysTEAry and govern your use of the Services.
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SECTION 21 - ASSIGNMENT
You may not assign this Agreement without our prior written consent. We may transfer, assign, or delegate these Terms and our rights without notice.
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SECTION 22 - GOVERNING LAW
These Terms shall be governed by and construed in accordance with the laws of the jurisdiction where mysTEAry is headquartered (Ontario, Canada).
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SECTION 23 - HEADINGS
Headings are included for convenience only and do not limit or affect these Terms.
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SECTION 24 - CHANGES TO TERMS OF SERVICE
We reserve the right to update, change, or replace any part of these Terms at any time. Your continued use of the Services following any changes constitutes acceptance of those changes.
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SECTION 25 - CONTACT INFORMATION
Questions about the Terms of Service should be sent to:
mysTEAry
nmartis@mysteary.com
246 Gryffin Lodge Road, Utterson, ON, P0B 1M0, Canada
Phone: 1-705-380-7460