Terms & conditions
TERMS AND CONDITIONS OF SERVICE
This website is operated by MAMYNUVOLA. Throughout the site, the terms "we", "us" and "our" refer to MAMYNUVOLA, 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 are engaging in our "Service" and agreeing to be bound by the following terms and conditions ("Terms of Service", "Terms"), including any additional terms and conditions and policies referenced herein and/or available via hyperlink. These Terms of Service apply to all users of the Site, including, without limitation, users who are browsers, vendors, customers, merchants and/or content contributors.
Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all of the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
Any new features or tools that are added to the current shop are also subject to the 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, modify or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use or access to the website after any changes are posted constitutes your acceptance of those changes.
Our shop 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.
SECTION 1 - ONLINE SHOP TERMS AND CONDITIONS
By accepting these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are of the age of majority in your state or province of residence and have given us your consent to allow any minor dependent to use this site.
You may not use our products for illegal or unauthorised purposes, nor may you, in using the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You shall not transmit any worms or viruses or code of a destructive nature.
Violation or breach of any of the Terms will result in immediate termination of the Services.
SECTION 2 - TERMS AND CONDITIONS
We reserve the right to refuse service to anyone for any reason at any time.
You understand that your content (excluding 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 data 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 from us.
The headings used in this Agreement are included for convenience only and shall not limit or otherwise affect these Terms.
SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if the information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on material on this site is at your own risk.
This site may contain some historical information. Historical information, necessarily, is not current and is provided for reference only. We reserve the right to change the content of this site at any time, but are under no obligation to update the information on our site. You agree that it is your responsibility to monitor changes to our site.
SECTION 4 - CHANGES IN SERVICE AND PRICES
The prices of our products are subject to change without notice.
We reserve the right to modify or discontinue the Service (or any part or content thereof) at any time without notice.
We shall not be liable to you or any third party for any modification, price change, suspension or discontinuation of the Service.
SECTION 5 - PRODUCTS OR SERVICES
Certain products or services may be available exclusively online through the Website. These products or services may have limited quantities and are subject to return or exchange only in accordance with our return policy.
We have made every effort to display as accurately as possible the colours and images of our products that appear in the shop. We cannot guarantee that your computer monitor's display of any colour will be accurate.
We reserve the right, but are not obligated, to restrict 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 we offer. All product descriptions or product prices are subject to change at any time and 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.
SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order placed with us by you. We may, at our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or with the same customer account, credit card, and/or orders using the same billing and/or shipping address. In the event of a change or cancellation of an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time of order. 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 in our shop. 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 if necessary.
For more details, please see our return policy.
SECTION 7 - OPTIONAL TOOLS
We may provide you with access to third party tools over which we have no control or input.
You acknowledge and agree that we provide access to such tools "as is" and "as available" without warranties, representations or conditions of any kind and without any endorsement. We shall have no liability arising out of or relating to your use of third party optional tools.
Any use by you of optional tools offered through the Site is entirely at your own risk and discretion and you must ensure that you understand and agree to the terms on which the tools are provided by the relevant third party provider(s).
We may also, in the future, offer new services and/or functionality through the website (including the release of new tools and resources). Such new features and/or services will also be subject to these Terms of Service.
SECTION 8 - THIRD PARTY LINKS
Certain content, products and services available through our Service may include third party materials.
Third party links on this Site may direct you to third party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy, and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any third-party materials, products, or services.
We are not responsible for any harm or damage in connection with the purchase or use of goods, services, resources, content or any other transactions made in connection with third party websites. Please review the policies and practices of third parties carefully and make sure you understand them before entering into any transaction. Complaints, concerns or questions regarding third party products should be directed to the third party.
SECTION 9 - USER COMMENTS, FEEDBACK AND OTHER CONTRIBUTIONS
If, at our request, you submit certain specific submissions (e.g., contest entries) or without a request from us, you submit creative ideas, suggestions, proposals, designs, or other materials, whether online, by email, by mail, or otherwise (collectively, "comments"), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate, and otherwise use in any manner, by any means, any comments you submit to us. We are not and will not be under any obligation (1) to keep comments confidential; (2) to pay compensation for comments; or (3) to respond to any comments.
We may, but shall have no obligation to monitor, edit or remove content that we believe, in our sole discretion, to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or that violates any party's intellectual property or these Terms of Service.
You agree that your comments will not violate any third party rights, including copyrights, trademarks, privacy, personality or other personal or proprietary rights. You also agree that your comments will not contain defamatory or otherwise unlawful, abusive or obscene material, nor will they contain any computer viruses or other malware that may in any way affect the operation of the Service or any related websites. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or any third party as to the origin of any comment. You are solely responsible for any comments you make and for their accuracy. We take no responsibility or liability for any comments posted by you or any third party.
SECTION 10 - PERSONAL INFORMATION
SECTION 11 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without notice (including after you have submitted your order).
We assume no obligation to update, modify or clarify any information in the Service or on any related website, including but not limited to pricing information, except as required by law. No specific update or update date applied in the Service or on any related website shall be taken to indicate that any information in the Service or on any related website has been changed or updated.
SECTION 12 - PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service, use of the Site or its contents is prohibited: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful act; (c) to violate any international, federal, provincial or state regulations, rules, laws or local ordinances; (d) to violate or infringe our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, denigrate, intimidate or discriminate on the basis of gender, sexual orientation, religion, ethnicity, race, age, national origin or disability (f) to provide false or misleading information; (g) to upload or transmit viruses or any other type of harmful code that will or may be used in any way that could affect the functionality or operation of the Service or any related websites, other websites, or the Internet (h) to collect or monitor the personal information of others; (i) to spam, phish, pharm, pretest, spider, crawl, or scrap; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related websites, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related web site for violating any of the prohibited uses.
SECTION 13 - DISCLAIMER OF WARRANTY; LIMITATION OF LIABILITY
We do not warrant, represent or guarantee that your use of our service will be uninterrupted, timely, secure, or error-free.
We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
You agree that we may from time to time remove the service for indefinite periods of time or cancel the service at any time without notice.
You expressly agree that your use or inability to use the service is at your sole risk. The service and all products and services provided to you through the service are (except as expressly stated by us) provided "as is" and "as available" for your use, without any representations, warranties or conditions of any kind, express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title and non-infringement.
In no event shall MAMYNUVOLA, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any direct, indirect, incidental, punitive, special or consequential damages of any kind, including, without limitation, lost profits, lost savings, lost data, replacement costs, or any other similar damages, whether based on contract, tort (including negligence), strict liability, or otherwise, arising out of the use of any service or product obtained through the service, or for any other claim relating in any way to the 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 through the service, even if advised of the possibility thereof. Because some states or jurisdictions do not allow the exclusion or 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.
SECTION 14 - INDEMNIFICATION
You agree to indemnify, defend and hold harmless MAMYNUVOLA and our parent, 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 Service or the documents they incorporate by reference, or your violation of any law or the rights of a third party.
SECTION 15 - SEVERABILITY
If any provision of these Terms of Service is held to be illegal, invalid or unenforceable, that provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed severable from these Terms of Service, such determination shall not affect the validity and enforceability of any remaining provisions.
SECTION 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 Service are effective unless and until terminated by you or us. You may terminate these Terms of Service 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, or we suspect that you have failed to comply with, any term or provision of these Terms of Service, 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; and/or you may deny access to our Services (or any part thereof).
SECTION 17 - ENTIRE AGREEMENT
Our failure to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any operating policies or rules posted by us on this site or in connection with the Service constitute the entire agreement and understanding between you and us and govern your use of the Service, superseding all prior or contemporaneous oral or written agreements, communications and proposals between you and us (including, but not limited to, any prior version of the Terms of Service).
Any ambiguity in the interpretation of these Terms of Service shall not be construed against the editorial party.
SECTION 18 - GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of Ireland.
SECTION 19 - CHANGES TO THE TERMS OF SERVICE
You may review the most current version of the Terms of Service at any time on this page.
We reserve the right, at our sole discretion, to update, modify or replace any part of these Terms of Service by posting updates and modifications to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes your acceptance of those changes.
SECTION 20 - CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at email@example.com.