TERMS AND CONDITIONS OF SALE AND USE
TERMS AND CONDITIONS OF SALE AND USE
OVERVIEW
This website is operated by Mini-Ma. Throughout the site, the terms “we”, “us” and “our” refer to Carter & Moss. Carter & Moss offers this website, including all information, tools, and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies, and notices stated here.
By visiting our site and/or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms and Conditions of Sale and Use” or “Terms”), including those additional terms, conditions, and policies referenced herein and/or available by hyperlink. These Terms and Conditions of Sale and Use apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/or contributors of content.
Please read these Terms and Conditions of Sale and Use carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms and Conditions of Sale and Use. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms and Conditions of Sale and Use are considered an offer, acceptance is expressly limited to these Terms and Conditions of Sale and Use.
Any new features or tools which are added to the current store shall also be subject to the Terms and Conditions of Sale and Use. You can review the most current version of the Terms and Conditions of Sale and Use at any time on this page. We reserve the right to update, change or replace any part of these Terms and Conditions of Sale and Use by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.
ARTICLE 1 - ONLINE STORE TERMS
By agreeing to these Terms and Conditions of Sale and Use, you represent that you are at least the age of majority in your state or province of residence, or that you are 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 this site.
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms and Conditions of Sale and Use will result in an immediate termination of your Services.
ARTICLE 2 - GENERAL CONDITIONS
We reserve the right to refuse service to anyone for any reason at any time.
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the Service is provided, without express written permission by us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms and Conditions of Sale and Use.
ARTICLE 3 - ACCURACY, COMPLETENESS, AND TIMELINESS OF INFORMATION
We are not responsible if the information available on this site is not accurate, complete, or up-to-date. The content of this site is provided for informational purposes only and should not be your sole source of information for making decisions without first consulting more accurate, complete, and updated sources of information. If you decide to rely on the content presented on this site, you do so at your own risk.
This site may contain certain outdated information. Such outdated information, by nature, is not up-to-date and is provided for informational purposes only. We reserve the right to modify the content of this site at any time, but we have no obligation to update the information on our site. You agree that it is your responsibility to monitor the changes made to our site.
ARTICLE 4 - CHANGES TO THE SERVICE AND PRICES
The prices of our products may be changed without notice.
We reserve the right at any time to modify or discontinue the Service (or any part or content of the Service) without notice at any time.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
ARTICLE 5 - PRODUCTS OR SERVICES (if applicable)
Certain products or services may be available exclusively online through our website. These products or services may have limited quantities and are subject to our Return Policy.
We have made every effort to display as accurately as possible the colors and images of our products that appear on our store. We cannot guarantee that your computer monitor's display of any color will be accurate.
We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products and prices for 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. Any offer for any product or service made on this site is void where prohibited by law.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
ARTICLE 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address, credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
For more detail, please review our Return Policy.
ARTICLE 7 - OPTIONAL TOOLS
We may provide you with access to third-party tools over 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. We shall have no liability whatsoever arising from or relating to your use of optional third-party.
We could also, in the future, offer new services and/or features on our website (including new tools and resources). These new features and services will also be subject to these General Terms and Conditions of Sale and Use.
ARTICLE 8 - THIRD-PARTY LINKS
Some content, products, and services available through our Service may include materials from third-parties.
Links from third-parties on this site may redirect you to websites that are not affiliated with us. We are not obligated to review or evaluate the content or accuracy of these sites, and we do not guarantee and assume no responsibility for any content, website, product, service, or other material accessible on or from these third-party sites.
We are not responsible for any damages or harm related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with these third-party websites. Please carefully read the policies and practices of third-parties and ensure that you understand them before engaging in any transaction. Complaints, claims, concerns, or questions regarding the products of these third-parties should be directed to the same third-parties.
Article 9 - Comments, Suggestions, and Other User Proposals
If you submit specific content to us at our request (for example, to participate in contests) or if you send creative ideas, suggestions, proposals, plans, or other materials to us without our request, whether online, by email, by mail, or otherwise (collectively, "comments"), you grant us the right, at any time and without restriction, to edit, copy, publish, distribute, translate and otherwise use any comments you send us in any media. We are not and will not be required (1) to maintain the confidentiality of comments; (2) to compensate anyone for any comment provided; (3) to respond to comments.
We may, but have no obligation to, monitor, modify, or remove content that we, in our sole discretion, consider illegal, offensive, threatening, defamatory, pornographic, obscene or otherwise objectionable, or that infringes any intellectual property or these General Terms and Conditions of Sale and Use.
You agree to write comments that do not violate the rights of third parties, including copyright, trademark, privacy, personality, or other personal or property rights. You also agree that your comments will not contain illegal, defamatory, offensive, or obscene content, and that they will not contain computer viruses or other malicious software that could in any way affect the operation of the Service or any other associated website. You may not use a false email address, pretend to be someone you are not, or try to mislead us and/or third parties as to the origin of your comments. You are entirely responsible for all comments you post as well as their accuracy. We assume no responsibility and decline any commitment regarding any comment you publish or that any other third party publishes.
Article 10 - Personal Information
The submission of your personal information on our shop is governed by our Privacy Policy. Click here to view our Privacy Policy.
Article 11 - Errors, inaccuracies, and omissions
There may be information on our site or in the Service that may contain typographical errors, inaccuracies, or omissions related to product descriptions, prices, promotions, offers, product shipping charges, delivery times, and availability. We reserve the right to correct any errors, inaccuracies, omissions, and to change or update information or cancel orders if any information in the Service or on any other associated website is inaccurate, at any time and without notice (including after you have placed your order).
We are not obligated to update, modify, or clarify information in the Service or on any other associated website, including but not limited to information on prices, unless required by law. No defined date for updating or revising information in the Service or on any other associated website should be relied upon to conclude that the information in the Service or on any other associated website has been modified or updated.
ARTICLE 12 - PROHIBITED USES
In addition to the prohibitions set forth in the Terms and Conditions of Sale and Use, you are prohibited from using the site or its content: (a) for illegal purposes; (b) to incite third parties to engage in illegal acts or to participate in them; (c) to violate any regional ordinance or any international, federal, provincial, or state law, rule, or regulation; (d) to infringe upon or violate our intellectual property rights or those of third parties; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate against anyone based on gender, sexual orientation, religion, ethnic origin, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that may be used to compromise the functionality or operation of the Service or any other associated website, independent website, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape the web (or any other resource); (j) for obscene or immoral purposes; or (k) to interfere with or circumvent the security features of our Service, any other website, or the Internet. We reserve the right to terminate your use of the Service or any associated website for violating these prohibited uses.
ARTICLE 13 - DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
We do not guarantee or represent that your use of our Service will be uninterrupted, timely, secure, or error-free.
We do not guarantee that the results that may be obtained from the use of the Service will be accurate or reliable.
You agree that from time to time we may remove the Service for indefinite periods of time or cancel the Service at any time, without prior notice to you.
You expressly agree that your use of, or inability to use, the Service is at your sole risk. The Service and all products and services delivered to you through the Service (unless explicitly stated by us) are provided "as is" and "as available" for your use, without any representation, warranties, or conditions of any kind, either express or implied, including all implied warranties or merchantability, fitness for a particular purpose, durability, title, and non-infringement.
The store name, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers, and licensors shall not be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
ARTICLE 14 – INDEMNIFICATION
You agree to indemnify, defend, and hold harmless the Shop Name, our parent company, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns, and employees, from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Sale and Use or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
ARTICLE 15 – SEVERABILITY
If any provision of these Terms of Sale and Use is deemed unlawful, void, or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Sale and Use, such severance shall not affect the validity and enforce ability of any other remaining provisions.
ARTICLE 16 – TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Sale and Use are effective unless and until terminated by either you or us. You may terminate these Terms of Sale and Use at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
If, in our sole judgment, you fail to comply with, or we suspect that you have failed to comply with, any term or provision of these Terms of Sale and Use, we may also terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination (inclusive), and/or we may deny you access to our Services (or any part thereof).
ARTICLE 17 – ENTIRE AGREEMENT
Our failure to exercise or enforce any right or provision of these Terms of Sale and Use shall not constitute a waiver of such right or provision.
These Terms of Sale and Use or any other operating policy or rule we post on this site or with respect to the Service constitutes the entire agreement and understanding between you and us and governs your use of the Service, superseding any prior or contemporaneous communications, proposals, and agreements, whether oral or written, between you and us (including, but not limited to, any prior version of these Terms of Sale and Use).
Any ambiguity in the interpretation of these Terms of Sale and Use shall not be construed against the drafting party.
ARTICLE 18 – APPLICABLE LAW
These Terms of Sale and Use, as well as any separate agreements whereby we provide you Services, shall be governed and construed in accordance with the laws in force at your address.
ARTICLE 19 – CHANGES TO TERMS OF SALE AND USE
You can review the most current version of the Terms of Sale and Use at any time on this page.
We reserve the right, at our sole discretion, to update, change, or replace any part of these Terms of Sale and Use by posting updates and changes to our site. It is your responsibility to check our site regularly for changes. Your continued use of or access to our site following the posting of any changes to these Terms of Sale and Use constitutes acceptance of those changes.
ARTICLE 20 – CONTACT INFORMATION
Questions about the Terms of Sale and Use should be sent to us at email.