TERMS OF SERVICE
OVERVIEW
Great to see you here at My Store! The terms "we", "us", and "our" refer to My Store. My Store is responsible for this shop and website, including all related information, content, functionalities, tools, products, and services, with the aim of offering you, the customer, a personalised shopping experience (the "Services"). My Store is powered by Shopify, which allows us to provide these Services to you.
The following terms and conditions, together with any policies referenced herein (these "Terms of Service" or "Terms"), describe your rights and responsibilities when using 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 [LINK]. If you do not agree with these Terms of Service or the Privacy Policy, you must not use or access our Services.
SECTION 1 – ACCESS AND ACCOUNT
By agreeing to these Terms of Service, you confirm that you are of legal age in your state or province of residence and 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 shops 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 delivery details. You represent and warrant that all information provided in our shop is accurate, current and complete, and that you have all necessary rights to provide it.
You are solely responsible for keeping your account credentials secure and for all activities under your account. You must not transfer, sell, assign or license your account to anyone else.
SECTION 2 – OUR PRODUCTS
We have made every effort to accurately represent our products and services in our online store. However, please note that colours or appearances may differ from how they appear on your screen due to the type of device used to access the store and your display settings.
We do not guarantee that the appearance or quality of any products or services you purchase will meet your expectations or match what was described or shown online.
All product descriptions 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 offered to any person, geographic region or jurisdiction, on a case-by-case basis.
SECTION 3 – ORDERS
By placing an order, you are making an offer to purchase. My Store reserves the right to accept or decline your order at its discretion. Your order will not be accepted until we confirm it. We must receive and process your payment before accepting your order. Please review your order carefully before submitting it, as we may not be able to cancel it after acceptance.
If we do not accept, amend or cancel your order, we will attempt to notify you using the contact details provided at checkout.
Your purchases are subject to return or exchange only in accordance with our Refund Policy [LINK].
You represent and warrant that your purchases are for personal or household use and not for resale or export.
SECTION 4 – PRICING 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 the order and will be stated in your order confirmation email. Unless otherwise stated, prices do not include taxes, shipping, handling, customs or import duties.
Prices listed online may differ from those in physical shops or in third-party stores. We may periodically offer promotions governed by separate terms and conditions. If there's a conflict between the terms of a promotion and these Terms, the promotion’s terms will apply.
You agree to provide current, complete and accurate purchase, payment and account information for all purchases in our store. You agree to promptly update your account and other details, including your email address, credit card numbers and expiry dates, so that we can complete your transactions and contact you as needed.
You represent and warrant that (i) your credit card information is accurate and complete, (ii) you are duly authorised to use the card for the purchase, (iii) all charges incurred by you will be honoured by your card issuer, and (iv) you will pay all charges including shipping, handling, and applicable taxes.
SECTION 5 – SHIPPING AND DELIVERY
We are not responsible for shipping or delivery delays. Delivery times are estimates only and are not guaranteed. We are not liable for delays caused by carriers, customs, or events beyond our control. Ownership and risk of loss pass to you once the goods are handed to the carrier.
SECTION 6 – INTELLECTUAL PROPERTY
Our Services, including but not limited to trademarks, text, displays, images, graphics, reviews, videos, and audio, along with their design and arrangement, are the property of My Store, its affiliates or licensors and protected by copyright, patent and other intellectual property laws.
These Terms grant you permission to use the Services for personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, perform, republish, download, store, or transmit any material from the Services without our prior written consent.
Except as expressly stated, nothing in these Terms grants you any rights under any intellectual property of My Store, Shopify, or any third party. Unauthorised use may violate IP laws.
All rights not expressly granted are reserved. My Store's names, logos, product and service names, designs and slogans are trademarks of My Store or its affiliates. You must not use them without prior written permission. Shopify trademarks belong to Shopify Inc.
SECTION 7 – OPTIONAL TOOLS
You may be provided with access to third-party tools through the Services that we neither monitor nor control.
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. We shall have no liability arising from or relating to your use of optional third-party tools.
Any use of optional tools offered through the Services is entirely at your own risk, and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new features or tools through the Services (including new features and resources). Such new features shall also be subject to these Terms of Service.
SECTION 8 – THIRD-PARTY LINKS
The Services may contain materials or links to websites operated by third parties (including embedded features). We are not responsible for examining or evaluating the content or accuracy of third-party materials or websites you choose to access. Accessing them is at your own risk.
We are not liable for any harm or damages related to your use of any third-party sites, or your purchase or use of goods, services, content, or features from third-party sources. Please review the third party’s policies and practices carefully before engaging in any transaction. Complaints or concerns should be directed to the third party.
SECTION 9 – RELATIONSHIP WITH SHOPIFY
NOTE TO MERCHANT: This section accurately describes the relationship between Shopify and your store and must not be removed or modified.
My Store is provided by Shopify, enabling us to deliver our Services to you. However, all sales and purchases you make are directly between you and My Store. By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of your transactions with My Store, including injuries, damages, or losses resulting from products or services purchased.
You expressly release Shopify and its affiliates from all claims, damages, and liabilities arising out of or related to your purchases from My Store.
SECTION 10 – PRIVACY POLICY
All personal data collected through the Services is subject to our Privacy Policy, available [here] [LINK], and some personal data may be subject to Shopify’s Privacy Policy, available [here]. By using the Services, you acknowledge that you have read and understood these policies.
Since the Services are hosted by Shopify, they collect and process personal data regarding your access and use to help deliver and improve the Services. The data you provide may be transferred to Shopify and third parties in other countries. See our Privacy Policy [LINK] for more information on how we and Shopify handle your data.
SECTION 11 – FEEDBACK
If you submit, upload, post, email or otherwise transmit any ideas, suggestions, feedback, reviews, proposals, plans or other content (collectively, "Feedback"), you grant us a worldwide, perpetual, sublicensable, royalty-free licence to use, reproduce, modify, publish, distribute, and display such Feedback in any media, for any purpose, including commercial use.
You represent and warrant that (i) you own or have rights to the Feedback; (ii) you have disclosed any incentives received; and (iii) your Feedback complies with these Terms. We have no obligation to (1) keep your Feedback confidential, (2) compensate you, or (3) respond.
We may monitor, edit or remove Feedback that we determine, at our discretion, to be unlawful, offensive, threatening, libellous, defamatory, pornographic, obscene, or otherwise objectionable or infringing on third-party rights or these Terms.
You agree that your Feedback will not infringe the rights of any third party, and will not contain unlawful, abusive, or obscene content or viruses. You must not use a false email or mislead us or others about the origin of the Feedback. You are solely responsible for the content and accuracy of your Feedback.
SECTION 12 – ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on the Services that contains typographical errors, inaccuracies or omissions relating to product descriptions, pricing, promotions, offers, shipping costs, delivery times or availability. We reserve the right to correct these at any time without notice (including after you have placed an order).
SECTION 13 – PROHIBITED USES
You may use the Services only for lawful purposes. You must not use the Services:
(a) for any unlawful purpose;
(b) to violate any applicable laws or regulations;
(c) to infringe upon our or others’ intellectual property rights;
(d) to harass, abuse, insult, harm or intimidate anyone;
(e) to submit false or misleading information;
(f) to upload or use content that violates these Terms;
(g) to send spam or unauthorised promotions;
(h) to impersonate others;
(i) or in a way that restricts or interferes with others’ use of the Services.
You also agree not to:
(a) upload viruses or malicious code;
(b) reproduce or exploit any part of the Services;
(c) collect personal information of others;
(d) engage in scraping or crawling;
(e) interfere with or bypass security features.
We reserve the right to suspend or terminate your account without notice if we determine that you have violated any part of these Terms.
SECTION 14 – TERMINATION
We may terminate this agreement or your access to the Services at any time without notice. You remain liable for all amounts due up to the date of termination.
The following sections will continue to apply after termination: Intellectual Property, Feedback, Termination, Disclaimers, Limitation of Liability, Indemnification, Severability, Waiver, Entire Agreement, Assignment, Governing Law, Privacy Policy and any others which by nature should survive.
SECTION 15 – DISCLAIMER OF WARRANTIES
Information on the Services is provided for general information only. We do not guarantee its accuracy, completeness or usefulness. You rely on it at your own risk.
EXCEPT AS EXPRESSLY STATED BY MY STORE, THE SERVICES AND PRODUCTS ARE PROVIDED “AS IS” AND “AS AVAILABLE”, WITHOUT ANY WARRANTY OR CONDITION, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE, OR NON-INFRINGEMENT.
We do not guarantee that the Services will be uninterrupted, timely, secure or error-free. Some jurisdictions do not allow disclaimers of certain warranties, so this may not apply to you.
SECTION 16 – LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY LAW, UNDER NO CIRCUMSTANCES SHALL MY STORE, SHOPIFY, OR ANY OF OUR PARTNERS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, SUPPLIERS OR LICENSORS BE LIABLE FOR ANY INJURY, LOSS, CLAIM, OR ANY INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING LOST PROFITS, LOST REVENUE, DATA LOSS, REPLACEMENT COSTS, OR SIMILAR DAMAGES, ARISING FROM YOUR USE OF THE SERVICES OR PRODUCTS, EVEN IF ADVISED OF THE POSSIBILITY.
SECTION 17 – INDEMNIFICATION
You agree to indemnify, defend and hold harmless My Store, Shopify, and our affiliates, officers, directors, employees, agents, contractors, licensors and service providers, from any claim, demand or damage (including legal fees) made by any third party due to:
(1) your breach of these Terms;
(2) your violation of any law or third-party rights;
(3) your use of the Services.
We will notify you of any such claim and may take control of the defence at your expense. You agree to cooperate in any such defence.
SECTION 18 – SEVERABILITY
If any provision of these Terms is deemed unlawful or unenforceable, it will still be enforced to the maximum extent allowed, and the remainder will remain valid.
SECTION 19 – WAIVER; ENTIRE AGREEMENT
Our failure to enforce any right or provision shall not constitute a waiver.
These Terms and any related policies constitute the entire agreement between you and us and supersede all prior agreements, communications or proposals.
Any ambiguities in interpretation shall not be construed against the drafting party.
SECTION 20 – ASSIGNMENT
You may not assign or transfer this agreement or any rights or obligations under it without our prior written consent. We may assign or transfer these Terms at any time without notice.
SECTION 21 – GOVERNING LAW
These Terms and any related agreements shall be governed by and interpreted in accordance with the laws and courts of the jurisdiction where My Store is based. You and My Store agree to submit to the jurisdiction of those courts.
SECTION 22 – HEADINGS
Headings are included for convenience only and shall not affect the interpretation of these Terms.
SECTION 23 – 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 or change these Terms at our discretion. It is your responsibility to check for updates. We will notify you of any material changes in accordance with applicable law. Continued use after such changes constitutes acceptance.
SECTION 24 – CONTACT INFORMATION
Questions about the Terms of Service should be sent to: contact@giannell.com