Terms of service
Terms of Service
OVERVIEW
Welcome to Mozzy!
These Terms of Service (“Terms”) govern your use of the Mozzy website, online store, and related information, content, features, tools, products, and services (collectively, the “Services”).
The Services are operated by Mozzy LLC, doing business as Mozzy (“Mozzy,” “we,” “us,” or “our”). Mozzy is powered by Shopify, which enables us to provide the Services to you.
These Terms, together with any policies referenced herein, describe your rights and responsibilities when you use the Services.
Please read these Terms carefully. They contain important information about your legal rights, including our final sale policy, warranty disclaimers, and limitations of liability.
By visiting, interacting with, or using the Services, you agree to be bound by these Terms and our Privacy Policy. If you do not agree to these Terms or our Privacy Policy, you should not access or use the Services.
SECTION 1 — ACCESS AND ACCOUNT
By agreeing to these Terms, you represent that you are at least the age of majority in your state or province of residence, or that you have given consent for any minor dependents to use the Services on devices you own, purchase, or manage.
To use the Services, including browsing our online store or purchasing products or services, you may be asked to provide certain information, including your email address and billing, payment, and shipping information.
You represent and warrant that the information you provide is accurate, current, and complete and that you have all rights necessary to provide that information.
You are responsible for maintaining the security of your account credentials and for activity associated with your account. You may not transfer, sell, assign, or license your account to another person.
SECTION 2 — OUR PRODUCTS
We make reasonable efforts to accurately represent our products and services in our online store. However, colors and product appearance may vary depending on your device, display settings, and configuration.
We do not warrant that the appearance of products purchased through the Services will be identical to how they appear on your screen.
Product descriptions may be changed at any time without notice. We reserve the right to discontinue products and, where permitted by law, to limit quantities offered to any person, geographic region, or jurisdiction.
Please review product descriptions, specifications, dimensions, colors, and other information carefully before completing your purchase.
SECTION 3 — ORDERS, FINAL SALE & REPLACEMENTS
When you place an order, you are making an offer to purchase. Mozzy reserves the right to accept or decline an order where permitted by law.
Your order is not accepted until Mozzy confirms acceptance and payment has been successfully processed.
Please review your order carefully before submitting it, including the products selected, quantities, shipping address, and other order information.
ALL SALES ARE FINAL
All Mozzy purchases are final sale.
Except where otherwise required by applicable law, we do not accept returns or exchanges and do not provide refunds for change of mind, preference, ordering the wrong item, or other buyer-related reasons.
Damaged, defective, or incorrect items may be eligible for replacement only, subject to our Final Sale & Replacement Policy and product availability.
If an identical replacement is unavailable, we will contact you regarding the available resolution.
Nothing in these Terms or our Final Sale & Replacement Policy limits any refund, replacement, warranty, or other consumer right that cannot legally be excluded or waived.
ORDER CHANGES AND CANCELLATIONS
We begin processing orders as quickly as possible.
If you need to cancel or modify an order, contact us promptly. We will make reasonable efforts to accommodate your request, but we cannot guarantee that an order can be changed or canceled after it has been placed, accepted, or entered processing.
Once an order has entered processing or shipped, it is subject to our Final Sale & Replacement Policy.
If we decline, change, or cancel an order, we will attempt to notify you using the email address, billing address, and/or phone number provided with the order.
You represent and warrant that your purchases are for 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 when the order is placed and will be reflected in your order confirmation.
Unless otherwise expressly stated, posted prices do not include applicable taxes, shipping, handling, customs, or import charges.
We may offer promotions governed by separate terms and conditions. If promotional terms conflict with these Terms, the promotional terms will govern with respect to that promotion.
You agree to provide current, complete, and accurate purchase, payment, and account information.
You represent and warrant that you are authorized to use the payment method provided and agree to pay all charges associated with your purchase, including applicable shipping charges and taxes.
SECTION 5 — SHIPPING AND DELIVERY
Shipping and delivery timeframes provided by Mozzy are estimates and are not guaranteed unless expressly stated otherwise.
Delivery may be affected by shipping carriers, weather, address issues, customs processing, holidays, or other circumstances outside our reasonable control.
Please provide complete and accurate shipping information when placing your order. If you discover an error in your shipping information, contact us promptly. We will make reasonable efforts to assist, but we cannot guarantee that an address can be changed once an order has entered processing or shipped.
If an item arrives damaged or defective, or you receive an item different from what you ordered, contact us as soon as reasonably possible.
Eligible claims will be resolved with a replacement, subject to product availability and our Final Sale & Replacement Policy.
If tracking indicates that an order has been delivered but you cannot locate it, please contact us so we can review the circumstances and help determine an appropriate resolution.
Additional information regarding shipping and delivery is available in our Shipping Policy.
SECTION 6 — INTELLECTUAL PROPERTY
The Services, including trademarks, branding, text, images, graphics, video, audio, and the design, selection, and arrangement of such materials, are owned by Mozzy, its affiliates, or licensors and are protected by applicable intellectual property laws.
These Terms permit you to use the Services for personal, non-commercial purposes only.
You may not reproduce, distribute, modify, create derivative works from, publicly display, publicly perform, republish, download, store, or transmit material from the Services without our prior written consent, except as otherwise permitted by law.
Nothing in these Terms grants you a license or other right to any patent, trademark, copyright, or other intellectual property belonging to Mozzy, Shopify, or any third party.
Mozzy’s names, logos, product and service names, designs, and slogans are trademarks of Mozzy or its affiliates or licensors.
Shopify’s name, logo, product and service names, designs, and slogans are trademarks of Shopify. Other names, logos, product and service names, designs, and slogans appearing through the Services are trademarks of their respective owners.
SECTION 7 — OPTIONAL TOOLS
We may provide access to tools or services offered by third parties that we do not monitor or control.
Access to such tools is provided “as is” and “as available,” without warranties, representations, or conditions of any kind and without endorsement, to the fullest extent permitted by law.
Your use of optional third-party tools is at your own discretion and subject to any terms imposed by the applicable third-party provider.
We may introduce new features, tools, and resources through the Services. Such features will be considered part of the Services and will be subject to these Terms.
SECTION 8 — THIRD-PARTY LINKS
The Services may contain materials, functionality, or links provided or operated by third parties.
We are not responsible for evaluating or guaranteeing the content, accuracy, products, services, policies, or practices of third-party websites or services.
If you access a third-party website or service, you do so subject to that third party’s terms and policies.
Questions or concerns regarding third-party products and services should be directed to the applicable third party.
SECTION 9 — RELATIONSHIP WITH SHOPIFY
Mozzy is powered by Shopify, which enables us to provide the Services to you. However, any sales and purchases you make through our store are made directly with Mozzy LLC.
By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of sales between you and Mozzy, including any injury, damage, or loss resulting from purchased products or services.
To the fullest extent permitted by applicable law, you release Shopify and its affiliates from claims, damages, and liabilities arising from or related to purchases and transactions with Mozzy.
SECTION 10 — PRIVACY POLICY
Personal information we collect through the Services is handled in accordance with our Privacy Policy.
Because the Services are hosted by Shopify, Shopify may collect and process personal information relating to your access to and use of the Services in order to provide and improve the Services.
Information submitted through the Services may be transmitted to and shared with Shopify and other service providers, including providers located in countries other than where you reside, as described in our Privacy Policy.
Please review our Privacy Policy for additional information regarding how Mozzy and its service providers collect, use, disclose, and otherwise process personal information.
SECTION 11 — FEEDBACK
If you submit ideas, suggestions, feedback, reviews, proposals, or other content (“Feedback”), you grant Mozzy a worldwide, sublicensable, royalty-free license to use, reproduce, modify, publish, distribute, and display that Feedback for purposes related to operating, improving, and promoting the Services.
You represent that you own or have the necessary rights to provide the Feedback and that your Feedback does not violate applicable law or the rights of another person.
You are responsible for the Feedback you submit and its accuracy.
We may monitor, edit, or remove Feedback that we determine violates these Terms or applicable law.
SECTION 12 — ERRORS, INACCURACIES, AND OMISSIONS
Information made available through the Services may occasionally contain typographical errors, inaccuracies, or omissions relating to product descriptions, pricing, promotions, offers, shipping charges, transit times, or availability.
Subject to applicable law, we reserve the right to correct errors, inaccuracies, or omissions and to change or update information when necessary.
SECTION 13 — PROHIBITED USES
You may use the Services only for lawful purposes.
You may not use the Services to:
- violate applicable laws or regulations;
- infringe the intellectual property, privacy, or other rights of another person;
- transmit viruses, malicious code, or harmful material;
- engage in fraud, harassment, abuse, impersonation, spam, phishing, or other unlawful conduct;
- unlawfully collect or track personal information;
- interfere with the security, functionality, or operation of the Services; or
- circumvent measures designed to protect or control access to the Services.
You may not reproduce, duplicate, copy, sell, resell, or exploit any portion of the Services except as expressly permitted by these Terms or with our prior written permission.
We reserve the right to suspend or terminate access to the Services if we reasonably determine that these Terms have been violated.
SECTION 14 — AGENTS AND AUTOMATED ACCESS
If you use or enable software or services that take autonomous or semi-autonomous actions on your behalf (“Agents”) to interact with the Services, those Agents must comply with these Terms and applicable technical requirements communicated by Mozzy or Shopify.
We may use technical measures to control or restrict whether and how Agents access or interact with the Services.
Agents may not conceal their automated nature, circumvent security measures or CAPTCHAs, or evade measures intended to restrict automated access.
SECTION 15 — TERMINATION
We may suspend or terminate access to the Services where permitted by law, including if you violate these Terms.
Obligations and liabilities incurred before termination will survive termination where applicable.
Provisions that by their nature should survive termination—including provisions relating to intellectual property, disclaimers, limitations of liability, indemnification, and governing law—will remain in effect.
SECTION 16 — DISCLAIMER OF WARRANTIES
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES AND PRODUCTS OFFERED THROUGH THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE,” EXCEPT FOR WARRANTIES OR RIGHTS THAT CANNOT LAWFULLY BE EXCLUDED.
WE DO NOT WARRANT THAT ACCESS TO THE SERVICES WILL ALWAYS BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE.
SOME JURISDICTIONS DO NOT ALLOW CERTAIN WARRANTY DISCLAIMERS, SO SOME OR ALL OF THESE DISCLAIMERS MAY NOT APPLY TO YOU.
Nothing in these Terms is intended to exclude or limit any warranty, guarantee, remedy, or consumer right that cannot lawfully be excluded or limited.
SECTION 17 — LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, MOZZY LLC AND ITS AFFILIATES, PARTNERS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS, SERVICE PROVIDERS, AND LICENSORS WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES ARISING FROM OR RELATING TO YOUR USE OF THE SERVICES OR PRODUCTS PURCHASED THROUGH THE SERVICES.
NOTHING IN THESE TERMS EXCLUDES OR LIMITS LIABILITY THAT CANNOT LAWFULLY BE EXCLUDED OR LIMITED.
SECTION 18 — INDEMNIFICATION
To the extent permitted by applicable law, you agree to indemnify, defend, and hold harmless Mozzy LLC, Shopify, and their respective affiliates, partners, officers, directors, employees, agents, contractors, licensors, and service providers from third-party claims arising from your material breach of these Terms, violation of applicable law, or violation of a third party’s rights.
SECTION 19 — SEVERABILITY
If any provision of these Terms is determined to be unlawful, void, or unenforceable, that provision will be enforced to the fullest extent permitted by applicable law and, where necessary, severed from these Terms.
The remaining provisions will continue in full force and effect.
SECTION 20 — WAIVER; ENTIRE AGREEMENT
Our failure to exercise or enforce any right or provision of these Terms does not constitute a waiver of that right or provision.
These Terms and any policies incorporated by reference constitute the entire agreement between you and Mozzy regarding your use of the Services and supersede prior agreements or communications concerning the Services.
SECTION 21 — ASSIGNMENT
You may not transfer or assign these Terms or your rights or obligations under them without our prior written consent.
We may transfer or assign our rights and obligations under these Terms as permitted by applicable law.
SECTION 22 — GOVERNING LAW
These Terms and any separate agreements through which we provide you Services shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflict of laws principles.
To the extent permitted by applicable law, any legal action or proceeding arising out of or relating to these Terms or the Services shall be brought in the state or federal courts located in Sacramento County, California.
Nothing in this section limits any rights you may have under applicable consumer protection laws.
SECTION 23 — HEADINGS
Headings are included for convenience only and do not limit or otherwise affect these Terms.
SECTION 24 — CHANGES TO THESE TERMS
You may review the current version of these Terms at any time on this page.
We may update these Terms from time to time by posting an updated version through the Services.
Where required by applicable law, we will provide notice of material changes. Changes will become effective on the date specified in the applicable notice or, if no date is specified, when posted.
Your continued use of the Services after updated Terms become effective constitutes acceptance of the updated Terms to the extent permitted by applicable law.
CONTACT INFORMATION
Questions about these Terms of Service, an order, or a replacement request may be sent to:
Mozzy LLC
Sacramento, California, United States
Email: miriam@m-o-z-z-y.com