Terms of service

TERMS OF SERVICE

OVERVIEW

Welcome to My Store! The terms “we,” “us,” and “our” refer to My Store. My Store operates this store and website, including all related information, content, features, tools, products, and services, in order to provide you, the customer, with a carefully curated shopping experience (“Services”). My Store is powered by Shopify, which enables us to provide the Services to you.

The following terms and conditions, together with any policies referenced in this document (collectively, the “Terms of Service” or “Terms”), describe your rights and responsibilities when using the Services.

Please read these Terms of Service carefully, as they contain important information about your legal rights and include 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 our Privacy Policy, you should not use or access our Services.


SECTION 1 – ACCESS AND ACCOUNT

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state, province, or country of residence and that you have given permission for any minor dependents to use the Services on any device that you own, purchase, or manage.

To use the Services, including accessing or browsing our online stores or purchasing any products or services we offer, you may be required to provide certain information, such as your email address, billing information, payment details, 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 and all activity associated with your account credentials. You may not transfer, sell, assign, or license your account to another person.


SECTION 2 – OUR PRODUCTS

We have made every effort to accurately display the products and services available through our online stores. However, colors and the appearance of products may differ from what appears on your screen due to the type of device you use to access the store, as well as your device settings and configuration.

We do not guarantee that the appearance, quality, or characteristics of any products or services purchased by you will meet your expectations or be identical to what was displayed or made available in our online stores.

All product descriptions may change at any time at our sole discretion without prior notice. We reserve the right to discontinue any product at any time and may limit quantities offered to any person, geographic region, or jurisdiction as appropriate.

SECTION 3 – ORDERS

By placing an order, you are submitting an offer to purchase. My Store reserves the right to accept or reject your order for any reason at our sole discretion.

Your order will not be accepted until My Store confirms acceptance. Before accepting your order, we must receive and process your payment.

Please carefully review your order before submitting it, as My Store may not be able to cancel an order after it has been accepted.

If we do not accept, modify, or cancel an order, we will attempt to notify you by contacting the email address, billing address, and/or phone number provided at the time the order was placed.

Your purchases are subject to refunds or exchanges only in accordance with our Refund Policy [LINK].

You represent and warrant that products purchased by you are intended solely for personal or household use and are not intended for commercial resale or export.


SECTION 4 – PRICES AND BILLING

Prices, discounts, and promotions may 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 stated in your order confirmation email.

Unless otherwise stated, prices do not include applicable taxes, shipping costs, handling fees, customs duties, or import charges.

Prices displayed in our online stores may differ from prices offered in physical stores or other online stores operated by third parties.

From time to time, we may offer promotions through the Services that may affect pricing and are subject to separate terms and conditions. If there is a conflict between promotional terms and these Terms, the promotional terms will apply.

You agree to provide current, complete, and accurate purchase, payment, and account information for all purchases made through our stores.

You agree to promptly update your account information, including your email address, credit card numbers, and expiration dates, so that we can complete your transactions and contact you when necessary.

You represent and warrant that:

(i) the credit card information you provide is true, accurate, and complete;
(ii) you are authorized to use the credit card for the purchase;
(iii) charges made to you will be processed by your credit card company; and
(iv) you will pay all charges incurred at the stated prices, including shipping, handling, and applicable taxes.


SECTION 5 – SHIPPING AND DELIVERY

We are not responsible for delays in shipping or delivery.

All delivery times are estimates only and are not guaranteed.

We are not responsible for delays caused by carriers, customs clearance, or events beyond our control.

When products are transferred to the carrier, ownership and risk of loss transfer to you.


SECTION 6 – INTELLECTUAL PROPERTY

Our Services, including but not limited to all trademarks, brands, text, displays, images, graphics, product reviews, video and audio materials, as well as their designs, selection, and arrangement, are owned by My Store, its affiliates, or licensors and are protected by U.S. and international patent, copyright, and other intellectual property laws.

These Terms allow you to use the Services only for personal and non-commercial purposes.

You may not reproduce, distribute, modify, create derivative works from, publicly display, publicly perform, republish, download, store, or transmit any materials contained in the Services without our prior written permission.

Except as expressly stated in these Terms, nothing grants you any license or rights under any patent, trademark, copyright, or other intellectual property rights belonging to My Store, Shopify, or any third party.

Unauthorized use of the Services may violate federal, state, or other intellectual property laws.

All rights not expressly granted in these Terms are reserved by My Store.

The names, logos, product names, service names, designs, and slogans of My Store are trademarks of My Store or its affiliates or licensors. You may not use them without prior written permission.

Shopify names, logos, product names, service names, designs, and slogans are trademarks of Shopify. All other names, logos, product names, service names, designs, and slogans within the Services belong to their respective owners.

SECTION 7 – OPTIONAL TOOLS

You may access customer tools provided by third-party companies through the Services. We do not monitor, control, or influence these tools.

You acknowledge and agree that we provide such tools on an “as available” and “as is” basis, without warranties, representations, or conditions of any kind and without endorsement.

We shall have no liability arising from or related to your use of optional third-party tools.

Any use of optional tools offered through the website is entirely at your own risk and discretion. You are responsible for ensuring that you understand and accept the terms under which these tools are provided by the relevant third-party providers.

In the future, we may offer new features through the Services, including new tools and resources. Such new features will also be considered part of the Services and will be subject to these Terms of Service.


SECTION 8 – THIRD-PARTY LINKS

The Services may contain materials and hyperlinks to websites provided or operated by third parties, including third-party features integrated into the Services.

We are not responsible for examining or evaluating the content, accuracy, or reliability of third-party materials or websites that you choose to access.

If you leave our Services to access third-party websites or materials, you do so at your own risk.

We are not responsible for any losses or damages related to your access to third-party websites, purchases made from them, or your use of any products, services, resources, or content provided by third parties.

Please carefully review third-party policies and practices before completing any transaction. Complaints, questions, or concerns regarding third-party products and services should be directed to the relevant third party.


SECTION 9 – SHOPIFY RELATIONSHIP

[NOTE TO MERCHANT: This section accurately describes the relationship between Shopify and your store and should not be removed or modified.]

My Store is powered by Shopify, which enables us to provide the Services to you.

However, all sales and purchase transactions are conducted directly between you and My Store.

By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of transactions between you and My Store, including any injuries, damages, or losses resulting from the purchase of products or services.

You expressly release Shopify and Shopify affiliates from any claims, damages, and liabilities arising from or related to your purchases and transactions with My Store.


SECTION 10 – PRIVACY POLICY

All personal information collected through the Services is subject to our Privacy Policy, which can be viewed here [LINK].

Some personal information may also be subject to Shopify’s Privacy Policy, which can be viewed here:
https://www.shopify.com/legal/privacy/app-users

By using the Services, you acknowledge that you have reviewed these privacy policies.

Because the Services are hosted by Shopify, Shopify collects and processes personal information related to your access to and use of the Services in order to provide and improve the Services.

Information you submit through the Services may be transferred to and shared with Shopify and third-party providers who may be located in countries other than your country of residence in order to provide services to you.

Please review our Privacy Policy [LINK] for more detailed information about how we, Shopify, and our partners use your personal information.


SECTION 11 – FEEDBACK

If you submit, post, send by email, or otherwise provide any ideas, suggestions, feedback, reviews, proposals, plans, or other content (“Feedback”), you grant us a worldwide, perpetual, sublicensable, royalty-free license to use, reproduce, modify, publish, distribute, and display such Feedback in any medium for any purpose, including commercial purposes.

For example, we may use these rights to operate, provide, evaluate, improve, enhance, and promote the Services and to fulfill our obligations and exercise our rights under these Terms of Service.

You represent and warrant that:

(i) you own all necessary rights to the Feedback;
(ii) you have disclosed any compensation or incentives received for submitting Feedback; and
(iii) your Feedback complies with these Terms.

We are not required to:

  1. keep your Feedback confidential;
  2. pay compensation for your Feedback; or
  3. respond to your Feedback.

We may, but are not obligated to, monitor, edit, or remove Feedback that we determine, at our sole discretion, to be unlawful, offensive, threatening, defamatory, obscene, or otherwise objectionable or that violates intellectual property rights or these Terms.

You agree that your Feedback will not violate the rights of any third party, including copyright, trademark, privacy, personality, or other personal rights.

You also agree that your Feedback will not contain unlawful, abusive, obscene, or harmful content, or contain viruses or malicious software that could affect the operation of the Services.

You may not use a false email address, impersonate another person, or mislead us or third parties regarding the origin of your Feedback.

You are solely responsible for any Feedback you submit and its accuracy. We accept no responsibility or liability for Feedback posted by you or any third party.

SECTION 12 – ERRORS, INACCURACIES, AND OMISSIONS

Occasionally, information within the Services may contain typographical errors, inaccuracies, or omissions relating to product descriptions, pricing, promotions, offers, product charges, shipping 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 is inaccurate at any time without prior notice, including after you have submitted an order.


SECTION 13 – PROHIBITED USE

You may only access and use the Services for lawful purposes.

You may not access or use the Services, directly or indirectly:

(a) for any unlawful purpose or in bad faith;
(b) to violate any international, federal, provincial, state, or local laws, regulations, or ordinances;
(c) to infringe upon or violate our intellectual property rights or the intellectual property rights of others;
(d) to harass, abuse, insult, harm, defame, slander, intimidate, or discriminate against any of our employees or any other person;
(e) to provide false or misleading information;
(f) to upload, knowingly receive, transmit, download, use, or reuse any material that does not comply with these Terms;
(g) to send or request unauthorized advertising or promotional materials, including spam, chain letters, or similar communications;
(h) to impersonate another person or entity; or
(i) to engage in any activity that restricts or prevents others from using the Services or that may harm My Store, Shopify, or users of the Services.

You also agree not to:

(a) upload or transmit viruses or any other malicious code that may affect the functionality or operation of the Services;

(b) reproduce, duplicate, copy, extract, sell, resell, or exploit any part of the Services;

(c) collect personal information of other users;

(d) engage in spam, phishing, pharming, impersonation, or similar activities;

(e) use robots, spiders, scraping tools, data collection or extraction tools, automated devices, artificial intelligence tools (such as AI agents), or automated/manual methods to access the Services;

(f) interfere with, bypass, or avoid security features, authorization measures, robot exclusion headers, or other protections used to limit access to the Services.

We reserve the right to suspend, disable, or terminate your account at any time without notice if we determine that you have violated any part of these Terms.


SECTION 14 – AGENTS

14.1

This section (“Agents”) applies if you use, allow, enable, or authorize an Agent to access, use, or interact with any Services.

“Agent” means software or a service that performs autonomous or semi-autonomous actions on behalf of or at the direction of any person or entity and that may operate using that person’s or entity’s device without direct supervision.

14.2

No Agent may access, use, or interact with the Services unless it identifies itself and operates in strict compliance with the requirements described in Section 14.4.

Additionally, no Agent may access, use, or interact with the Services if we have requested that the Agent stop doing so.

14.3

We may restrict, including through technical measures, whether and how an Agent accesses, uses, or interacts with the Services.

14.4

Agents must:

(i) identify that requests come from an Agent in all HTTP/HTTPS requests and disclose the Agent’s name by adding:

“Agent/[agent name]”

(ii) not hide or disguise the fact that access or interaction comes from an Agent, including by:

  • imitating human behavior or interaction patterns;
  • completing or bypassing CAPTCHA systems or human-verification measures;

(iii) truthfully answer questions or prompts designed to determine whether interactions come from a human or a computer;

(iv) not bypass or avoid any measures designed to block, limit, modify, or control how Agents access, use, or interact with Shopify consumer services.


SECTION 15 – TERMINATION

We may terminate this agreement or prevent you from accessing the Services (or any part of them) at our discretion at any time without notice.

You remain responsible for all amounts owed up to and including the date of termination.

The following sections will continue to apply after termination:

  • Intellectual Property;
  • Feedback;
  • Termination;
  • Warranty Disclaimer;
  • Limitation of Liability;
  • Indemnification;
  • Severability;
  • Waiver;
  • Entire Agreement;
  • Assignment;
  • Governing Law;
  • Privacy Policy;
  • and any other provisions that by their nature should survive termination.
  • SECTION 16 – DISCLAIMER OF WARRANTIES

    Information provided through or within the Services is provided for general informational purposes only.

    We do not guarantee that the information is accurate, complete, or useful. Any reliance on such information is entirely at your own risk.

    We disclaim all responsibility arising from your reliance on such materials or from the reliance of any other person using the Services.

    EXCEPT WHERE EXPRESSLY STATED BY [SELLER], THE SERVICES AND ALL PRODUCTS OFFERED THROUGH THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” FOR YOUR USE, WITHOUT ANY REPRESENTATIONS, WARRANTIES, OR CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED.

    This includes, but is not limited to, any implied warranties or conditions of:

    • merchantability;
    • quality;
    • fitness for a particular purpose;
    • durability;
    • ownership;
    • non-infringement.

    We do not guarantee, represent, or warrant that:

    • your use of the Services will be uninterrupted;
    • the Services will be timely;
    • the Services will be secure;
    • the Services will be error-free.

    Some jurisdictions do not allow limitations or exclusions of implied warranties, so some of these exclusions may not apply to you.


    SECTION 17 – LIMITATION OF LIABILITY

    To the fullest extent permitted by law, in no event shall the Seller, its partners, directors, managers, employees, affiliates, agents, contractors, service providers, licensors, Shopify, or Shopify affiliates be liable for any:

    • injuries;
    • losses;
    • claims;
    • direct damages;
    • indirect damages;
    • incidental damages;
    • punitive damages;
    • special damages;
    • consequential damages.

    This includes, but is not limited to:

    • lost profits;
    • lost revenue;
    • lost savings;
    • lost data;
    • replacement costs;
    • or similar damages.

    Such liability limitation applies whether based on:

    • contract;
    • negligence;
    • strict liability;
    • or any other legal theory,

    and relates to:

    • your use of the Services;
    • products purchased through the Services;
    • errors or omissions in any content;
    • losses or damages resulting from content or products published, transmitted, or otherwise made available through the Services.

    This limitation applies even if we have been advised of the possibility of such damages.


    SECTION 18 – INDEMNIFICATION

    You agree to defend, indemnify, and hold harmless My Store, Shopify, and their affiliates, partners, managers, directors, employees, agents, contractors, licensors, and service providers from any losses, damages, liabilities, or claims, including reasonable legal fees, arising from:

    (1) your violation of these Terms of Service or any documents incorporated into them;

    (2) your violation of any law or rights of a third party;

    (3) your access to or use of the Services.

    We will notify you of any claim, provided that failure to provide immediate notice will not release you from your obligations unless you suffer significant harm.

    We may control the defense and settlement of such claims at your expense, including selecting legal counsel.

    You agree to cooperate in defending against any covered claims, including by providing relevant documents.


    SECTION 19 – SEVERABILITY

    If any provision of these Terms of Service is found to be unlawful, invalid, or unenforceable, that provision will still be enforced to the fullest extent permitted by applicable law.

    The unenforceable portion will be considered separated from these Terms of Service, and such determination will not affect the validity or enforceability of the remaining provisions.


    SECTION 20 – WAIVER; ENTIRE AGREEMENT

    Our failure to enforce any right or provision of these Terms of Service does not constitute a waiver of that right or provision.

    These Terms of Service, together with any policies or operating rules posted by us on this website or relating to the Services, constitute the entire agreement between you and us.

    They govern your use of the Services and replace any previous or simultaneous agreements, communications, or proposals, whether oral or written, between you and us.

    Any ambiguity in interpreting these Terms of Service shall not be interpreted against the party responsible for drafting them.


    SECTION 21 – ASSIGNMENT

    You may not delegate, transfer, or assign this agreement or any of your rights or obligations under these Terms without our prior written consent.

    Any attempted assignment without consent will be considered invalid.

    We may transfer, assign, or delegate these Terms and our rights and obligations without your consent or notice.


    SECTION 22 – GOVERNING LAW

    These Terms of Service and any separate agreements under which we provide Services to you shall be governed by and interpreted according to the laws and courts of the federal, state, or territorial jurisdiction where My Store is located.

    You and My Store agree to the personal and local jurisdiction of those courts.


    SECTION 23 – HEADINGS

    The headings used in this document are included only for convenience and do not limit or otherwise affect these Terms.


    SECTION 24 – CHANGES TO TERMS OF SERVICE

    You can review the current version of the Terms of Service 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 Service by posting updates and changes on our website.

    You are responsible for checking our website periodically for changes.

    We will notify you of significant changes as required by applicable law, and such changes will become effective on the date specified in the notice.

    Your continued use of or access to the Services after any changes are posted means that you accept those changes.


    SECTION 25 – CONTACT INFORMATION

    Questions about these Terms of Service should be sent to:

    wintercrochet@wp.pl