Terms of service

Overview

Welcome to Marscle. The terms “we,” “us,” and “our” refer to Marscle. Marscle operates this store and website, including all related information, content, features, tools, products, and services made available to you through this site in order to provide you with a curated shopping experience (the “Service”). Marscle is powered by Shopify, which enables us to provide the Service to you.

These Terms of Service, together with any policies referenced herein (these “Terms of Service” or “Terms”), describe your rights and responsibilities when you use the Service.

Please read these Terms of Service carefully, as they contain important information about your legal rights and cover areas such as disclaimers and limitations of liability.

By accessing, using, or interacting with our Service, you agree to be bound by these Terms of Service and our Privacy Policy [link]. If you do not agree to these Terms of Service or the Privacy Policy, you should not use or access our Service.

Section 1 - Access and Accounts

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, and that you have given us your consent to allow any of your minor dependents to use the Service on devices you own, purchase, or manage.

To use the Service, including accessing or browsing our online store or purchasing any products or services we offer, you may be required to provide certain information, such as your email address, billing, payment, and shipping information. You represent and warrant that all information you provide to our store is accurate, current, and complete, and that you have all necessary rights to provide such information.

You are solely responsible for maintaining the security of your account credentials and for all activities that occur under your account. You may not transfer, sell, assign, or otherwise authorize any other person to use your account.

Section 2 - Our Products

We have made every effort to display our products and services as accurately as possible in our online store. However, please note that due to differences in the types of devices used to access the store, as well as each device’s settings and configuration, colors or product appearance may differ from how they appear on your screen.

We do not guarantee that the appearance or quality of any products or services you purchase will meet your expectations or match exactly how they are displayed or presented in our online store.

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 of any products offered to any person, geographic region, or jurisdiction on a case-by-case basis.

Section 3 - Orders

When you place an order, you are making an offer to purchase. Marscle reserves the right to accept or reject your order at our sole discretion for any reason. Your order is not accepted until Marscle confirms acceptance. We must receive and process your payment before your order is accepted. Please review your order carefully before submitting it, as once an order is accepted, Marscle may not be able to accommodate cancellation requests. If we do not accept, change, or cancel an order, we will attempt to contact you using the email address, billing address, and/or phone number provided at the time the order was made.

Returns or exchanges of your purchase are subject only to our Refund Policy [link].

You represent and warrant that your purchases are for your personal or household use only, 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 at the time the order is placed and will be set out in your order confirmation email. Unless otherwise expressly stated, listed prices do not include taxes, shipping charges, handling fees, duties, or import charges.

Prices posted in our online store may differ from prices offered in physical stores, online stores operated by third parties, or other sales channels. We may from time to time offer promotions on the Service that may affect pricing and that are governed by terms separate from these Terms. If the terms for a promotion conflict with these Terms, the promotion terms will govern.

You agree to provide current, complete, and accurate purchase, payment, and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

You represent and warrant that (1) the credit card information you provide is true, correct, and complete, (2) you are duly authorized to use such credit card for the purchase, (3) charges incurred by you will be honored by your credit card company, and (4) you will pay all charges incurred by you at the posted prices, including shipping and handling charges and all applicable taxes, if any.

Section 5 - Shipping and Delivery

We are not liable for shipping and delivery delays. All delivery times are estimates only and are not guaranteed. We are not responsible for delays caused by carriers, customs processing, or circumstances beyond our control. Title to and risk of loss for products pass to you when we deliver the products to the carrier.

Section 6 - Intellectual Property

Our Service, including but not limited to all trademarks, branding, text, displays, images, graphics, product reviews, video, audio, and the design, selection, and arrangement thereof, is owned by Marscle, its affiliates, or licensors and is protected by United States and foreign patent, copyright, and other intellectual property laws.

These Terms permit you to use the Service for your personal, non-commercial use only. You may not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any material from the Service without our prior written consent. Except as expressly provided, nothing in these Terms shall be construed as granting you any license or other rights under any patent, trademark, copyright, or other intellectual property right of Marscle, Shopify, or any third party. Unauthorized use of the Service may violate federal and state intellectual property laws. Marscle reserves all rights not expressly granted in these Terms.

The Marscle name, logo, product and service names, designs, and slogans are trademarks of Marscle or its affiliates or licensors. You may not use such marks without the prior written permission of Marscle. Shopify’s name, logo, product and service names, designs, and slogans are trademarks of Shopify. All other names, logos, product and service names, designs, and slogans appearing on the Service are the trademarks of their respective owners.

Section 7 - Optional Tools

You may be provided with access to customer tools offered by third parties as part of the Service, which we neither monitor nor control nor have any input over.

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 tools.

Any use by you of optional tools offered through the site is entirely at your own risk and discretion, and you should ensure that you are familiar with and approve of the terms on which the tools are provided by the relevant third-party provider(s).

We may also, in the future, offer new features through the Service, including the release of new tools and resources. Such new features shall also be subject to these Terms of Service.

Section 8 - Third-Party Links

The Service may include materials and hyperlinks to websites provided or operated by third parties, including embedded third-party features. We are not responsible for examining or evaluating the content or accuracy of any third-party materials or websites you choose to access. If you decide to leave the Service to access such materials or third-party websites, you do so at your own risk.

We are not liable for any harm or damages related to your access to any third-party website or your purchase or use of any products, services, resources, or content on any third-party website. Please review carefully the third party’s policies and practices and make sure you understand them before engaging in any transaction. Complaints, claims, concerns, or questions regarding third-party products and services should be directed to the third party.

Section 9 - Relationship with Shopify

[Merchant Note: This section accurately describes Shopify’s relationship with your store and should not be removed or modified.]

Marscle is powered by Shopify, which enables us to provide the Service to you. However, any sales and purchases you make in our store are made directly with Marscle. By using the Service, you acknowledge and agree that Shopify is not responsible for any aspect of any sales between you and Marscle, including any injury, damage, or loss resulting from products or services purchased from Marscle. You hereby expressly release Shopify and its affiliates from any and all claims, damages, and liabilities arising from or related to your purchases from or transactions with Marscle.

Section 10 - Privacy Policy

All personal information we collect through the Service is subject to our Privacy Policy, which can be viewed here [link], and certain personal information may also be subject to Shopify’s Privacy Policy, which can be viewed here. By using the Service, you acknowledge that you have read and understood these privacy policies.

Because the Service is hosted by Shopify, Shopify processes personal information relating to your access to and use of the Service in order to provide and improve the Service for you. Information you submit to the Service will be transmitted to Shopify and to third parties that may be located in countries other than your country of residence in order to provide the Service to you. Please review our Privacy Policy [link] to learn more about how we, Shopify, and our partners use your personal information.