Terms of service
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OVERVIEW
Welcome to merlinfy.store! The terms “we,” “our,” and “us” refer to merlinfy.store. merlinfy.store operates this store and website, including all related information, content, features, tools, products, and services, to provide you – the customer – with a carefully curated shopping experience (“Service”). merlinfy.store is operated on the Shopify platform, which enables us to provide the Service to you. The terms and conditions
below, along with any policies referenced in this document (collectively referred to as “Terms of Service” or “Terms”), describe your rights and obligations when using the Service.
Please read these Terms of Service carefully, as they contain important information about your legal rights, including warranty disclaimers and limitations of liability.
By accessing, 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 to the Terms of Service or the Privacy Policy, you should not use or access our Services.
SECTION 1 – ACCESS AND ACCOUNTS
By agreeing to these Terms of Service, you warrant that you are of legal age as defined by the state or province where you reside, and that you consent to allow any of your underage dependents to use the Services on devices that you own, purchase, or manage.
To use the Service, including accessing and 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, payment, and delivery information. You warrant and guarantee that all information you provide in our stores is accurate, up-to-date, and complete, and that you have the full legal right to provide such information.
You are solely responsible for maintaining the security of your account login information, as well as all activities related to that account. You may not transfer, sell, grant permission to, or allow any other individual to use your account.
SECTION 2 – OUR PRODUCTS
We have made every effort to provide accurate descriptions of our products and services in our online stores. However, please note that the color or appearance of the product may differ from what is displayed on your screen due to the type of device you use to access the store and its settings and configurations.
We do not guarantee that the appearance or quality of any product or service you purchase will meet your expectations or be identical to the images shown in our online store.
All product descriptions may be changed at any time without notice, at our sole discretion. We reserve the right to discontinue the supply of any product at any time, and may limit the number of products offered to any individual, geographic area, or jurisdiction, depending on the specific circumstances.
SECTION 3 – ORDERS
When you place an order, it means you are making a purchase offer. merlinfy.store reserves the right to accept or reject your order for any reason at its sole discretion. Your order will only be considered accepted when merlinfy.store confirms that acceptance. We must receive and process your payment before the order is approved. Please carefully check your order before submitting it, as merlinfy.store may not be able to process cancellation requests after the order has been accepted. In the event we do not accept, modify, or cancel your order, we will endeavor to notify you via the email address, billing address, and/or phone number you provided when placing the order.
Your purchases are only eligible for refunds or exchanges in accordance with our Refund Policy [LINK].
You warrant and accept that the products you purchase are for personal or household use and not intended for commercial resale or export.
SECTION 4 – PRICING AND PAYMENT
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 you place your order and will be shown in your order confirmation email. Unless otherwise stated, listed prices do not include taxes, shipping fees, handling fees, customs fees, or import charges.
Prices listed on our online stores may differ from prices offered at physical stores or at other third-party operated online stores. We may, from time to time, offer promotions applicable to the Service that may affect pricing and are governed by separate terms and conditions from these Terms. In the event of a conflict between the terms of a promotion and these Terms, the terms of the promotion will prevail.
You agree to provide current, complete, and accurate information regarding purchases, payments, and accounts for all purchases made at our store. You agree to keep your account and other information up-to-date, including your email address, credit card number, and expiration date, so that we can complete transactions and contact you when necessary.
You warrant and guarantee that: (i) the credit card information you provide is true, accurate, and complete; (ii) you are legally authorized to use that credit card for the purchase; (iii) any charges incurred by you will be approved by your credit card issuer; and (iv) you will pay all charges incurred in full at the listed price, including shipping, handling, and all applicable taxes (if any).
SECTION 5 – SHIPPING AND DELIVERY
We are not responsible for any delays in shipping and delivery. All delivery times are estimates and are not guaranteed. We are not responsible for any delays caused by the shipping carrier, customs procedures, or events beyond our control. Once we hand over the product to the shipping carrier, ownership and the 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, videos and audio, as well as the design, selection and layout of such elements, are owned by merlinfy.store, our affiliates or licensors, and are protected by U.S. and other international patent, copyright and intellectual property laws.
These Terms permit your use of the Service solely for personal, non-commercial purposes. You may not copy, distribute, modify, create derivative works, publicly display, publicly present, reproduce, download, store, or transmit any material from the Service without our prior written consent. Unless expressly provided in this document, nothing in these Terms shall be construed as licensing or granting you any patents, trademarks, copyrights, or other intellectual property rights of merlinfy.store, Shopify, or any third party. Unauthorized use of the Service may constitute infringement of federal and state intellectual property laws. All rights not expressly granted in this document are reserved by merlinfy.store.
The name, logo, product and service names, design, and slogan of merlinfy.store are trademarks of merlinfy.store or its affiliates or licensors. You may not use these trademarks without the prior written permission of merlinfy.store. The name, logo, product and service names, design, and slogan of Shopify are trademarks of Shopify. All other names, logos, products, services, designs, and slogans on the Service are the intellectual property of their respective owners.
SECTION 7 – OPTIONAL TOOLS
You may be offered access to third-party tools as part of the Service. We do not control, monitor, or interfere with these tools.
You acknowledge and agree that we provide access to such tools “as is” and “as available,” without any warranties, representations, or conditions, and without any endorsement on our part. We assume no liability arising from or related to your use of optional third-party tools.
Your use of such tools is entirely at your own risk and discretion, and you should ensure that you understand and agree to the terms applied by the third-party tool provider(s).
We may also provide new features through the Service in the future (including the release of new tools and resources). Any such new features will also be considered part of the Service and will be governed by these Terms of Service.
SECTION 8 – THIRD-PARTY LINKS
The Service may include materials and links to websites provided or operated by third parties (including any embedded third-party functionality). We are not responsible for reviewing or evaluating the content or accuracy of any third-party materials or websites that you choose to access. If you decide to leave the Service to access third-party materials or websites, you do so at your own risk.
We are not responsible for any loss or damage arising from your access to third-party websites, or from your purchase or use of any products, services, resources, or content on those websites. Please carefully review the policies and practices of third parties and ensure that you fully understand them before making any transactions. Claims, requests, inquiries, or issues relating to third-party products and services should be directed to that third party.
SECTION 9 – RELATIONSHIP WITH SHOPIFY
[NOTE FOR MERCHANTS: This section accurately reflects the relationship between Shopify and your store and should not be deleted or edited.]
merlinfy.store is operated on the Shopify platform, which enables us to provide the Services to you. However, all purchases you make at our Store are transactions directly with merlinfy.store. By using the Service, you acknowledge and agree that Shopify is not responsible for any aspect of purchases between you and merlinfy.store, including any loss, damage, or injury arising from purchased products and services. You hereby expressly release Shopify and its affiliates from any claims, damages, and liabilities arising from or related to your transactions and purchases with merlinfy.store.
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 be governed by Shopify's Privacy Policy, which can be viewed here . By using the Service, you acknowledge that you have read these privacy policies.
Because the Service is hosted on the Shopify platform, Shopify collects and processes personal information about your access to and use of the Service for the purpose of providing and improving the Service for you. Information you submit through the Service will be transmitted to and shared with Shopify and third parties, which may be located in countries other than where you reside, in order to provide the Service to you. Please see our Privacy Policy at [LINK] for more details on how we, Shopify, and our partners use your personal information.
SECTION 11 – FEEDBACK
If you submit, upload, post, email, or transmit in any form ideas, suggestions, feedback, reviews, proposals, plans, or other content (collectively, “Feedback”), you grant us an unlimited, globally effective, sublicensable, and royalty-free license to use, reproduce, modify, publish, distribute, and display such Feedback on any medium, for any purpose, including commercial purposes. We may, for example, use the rights granted under this license to operate, provide, evaluate, upgrade, improve, and promote the Service, as well as to fulfill our obligations and rights under the Terms of Service.
You also warrant and represent that: (i) you own or have the necessary rights to all Feedback; (ii) you have disclosed any compensation or incentives you received in connection with submitting Feedback; and (iii) Your response will comply strictly with these Terms. We are not and will not have any obligation (1) to keep your response confidential; (2) to pay for your response; or (3) to respond to your response.
We may – but are not obligated to – monitor, edit, or remove any response that we, in our sole discretion, deem illegal, offensive, threatening, defamatory, libelous, obscene, obscene, or infringing on the intellectual property rights of any party or in violation of these Terms of Service.
You agree that your response will not infringe on any third-party rights, including copyright, trademark, privacy, personal or any other proprietary rights. You also agree that your response will not contain defamatory or illegal, abusive, or obscene content; or contain computer viruses or other malware that may affect the operation of the Service or any related websites. You may not use a fake email address, impersonate someone else, or deceive us or third parties about the origin of any Feedback. You are solely responsible for any Feedback you provide and for the accuracy of its content. We are not responsible for and have no legal liability for any Feedback posted by you or third parties.
SECTION 12 – ERRORS, MISTAKES AND OBLIGATIONS
Occasionally, on or within the Service, there may be information containing typographical errors, inaccuracies or omissions relating to product descriptions, pricing, promotions, offers, shipping fees, shipping times or product availability. We reserve the right to correct any errors, omissions, 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 your order).
SECTION 13 – PROHIBITED PRACTICES
You may only access and use the Service for lawful purposes. You may not access or use the Service, directly or indirectly, to: (a) engage in any illegal or malicious acts; (b) violate any international, federal, provincial, or local regulations, laws, or statutes; (c) infringe upon or infringe upon our or third-party intellectual property rights; (d) harass, abuse, insult, harm, defame, slander, discredit, threaten, or offend our employees or any other individuals; (e) transmit false or misleading information; (f) send, receive, upload, download, use, or reuse any material that does not comply with these Terms; (g) send or organize the sending of any advertising or promotional material, including “junk mail,” “chain mail,” “spam,” or similar solicitations; (h) impersonating or attempting to impersonate another person or organization; or (i) performing any other act that hinders or restricts another person's right to use or enjoy the Service, or which, in our assessment, may harm merlinfy.store, Shopify, or the Service's users, or put them at legal risk.
Additionally, you agree not to: (a) upload or transmit viruses or any other type of malware that could be used in any way to affect the functionality or operation of the Service; (b) copy, duplicate, reproduce, extract, sell, resell, or exploit any part of the Service; (c) collect or track another person's personal information; (d) send spam, phish, pharm, or pretext to exploit the Service; (e) using any robots, spiders, data collection and extraction tools, automated devices or processes, AI tools (such as agent-based AI) or any manual or automated methods to access the Service; or (f) interfering with, bypassing, or circumventing security or authorization measures, robot exclusion headers, or any other measures we employ to restrict access to the Service. 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 (“Agent Terms”) applies if you use, authorize, activate, or cause the deployment of an Agent to access, use, or interact with any Service. “Agent” is understood to mean any software or service that performs actions automatically or semi-automatically on behalf of, or at the direction of, any individual or organization, and can be executed on behalf of that individual or by that individual’s device without direct supervision.
14.2 No Agent may access, use, or interact with the Service unless, at all times, that Agent identifies itself and strictly adheres to the requirements set forth in Section 14.4 below. Furthermore, no Agent may access, use, or interact with the Service if we have requested that Agent cease accessing, using, or interacting with any Service.
14.3 We may apply limitations – including technical measures – to how and to what extent an Agent may access, use, or interact with the Service.
14.4 The Agent must: (i) in every HTTP/HTTPS request, identify that the request is sent from an Agent and publicly state the Agent's name by including the following string in the user agent field: "Agent/[agent name]"; (ii) You may not conceal or misrepresent access, use, or interaction made by the Agent, such as: (a) simulating human behavior and interaction patterns; or (b) completing or bypassing CAPTCHA or measures designed to distinguish between humans and computers; (iii) responding truthfully to any questions or verification requests intended to determine whether such interaction was made by a human or a computer; (iv) You may not circumvent or evade any measures designed to block, limit, regulate, or control the Agent's access, use, or interaction with the Service.
SECTION 15 – TERMINATION
We may terminate this agreement or your access to the Service (or any part thereof) at our sole discretion at any time without notice, and you will remain responsible for paying all due fees up to and including the date of termination.
The following provisions remain in effect after termination: Intellectual Property, Responses, Termination, Disclaimer of Warranties, Limitation of Liability, Indemnification, Separation of Provisions, Waiver of Rights; the Entire Agreement, Assignment, Governing Law, Privacy Policy and any other provisions that exist after termination.
SECTION 16 – DISCLAIMER OF WARRANTIES
Information presented on or through the Service is for general informational purposes only. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on this information is entirely your responsibility. We disclaim all liability arising from you or any other visitor to the Service, or anyone informed of the content of such materials, placing reliance on such materials.
Unless otherwise stated by merlinfy.store, the services and all products provided through the service are provided "as is" and "as available" for your use, without any express or implied warranties, guarantees, or conditions, including implied warranties of merchantability, quality, and fitness for its intended purpose. PROPERTY, PERMANENCE, OWNERSHIP, AND NON-INFRINGEMENT. WE DO NOT GUARANTEE THAT YOUR USE OF THE SERVICE WILL BE CONTINUOUS, TIMELY, SECURE, OR ERROR-FREE. WE DO NOT GUARANTEE THAT YOUR USE OF THE SERVICE WILL BE CONTINUOUS, TIMELY, SECURE, OR ERROR-FREE.
SECTION 17 – LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL [MERCHANT'S NAME], OUR PARTNERS, DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATED COMPANIES, AGENTS, CONTRACTORS, SERVICE PROVIDERS, OR LICENSORS, AS WELL AS SHOPIFY AND ITS AFFILIATED COMPANIES, BE LIABLE FOR ANY INJURIES, LOSSES, CLAIMS, OR ANY OTHER DAMAGES. ANY DAMAGE IN ANY FORM, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PENALTY, SPECIAL, OR CONSEQUENTIAL DAMAGE, INCLUDING, BUT NOT LIMITED TO, LOSS OF PROFITS, LOSS OF REVENUE, LOSS OF SAVINGS, LOSS OF DATA, REPLACEMENT COSTS, OR SIMILAR DAMAGES, WHETHER ARISING FROM A CONTRACT OR CIVIL ACT (INCLUDING...) (EVEN IF DUE TO NEGLIGENCE), STRICT LIABILITY OR ANY OTHER FORMS, RELATING TO YOUR USE OF ANY SERVICE OR PRODUCT PROVIDED THROUGH THE SERVICE, OR RELATING TO ANY CLAIM CONCERNING YOUR USE OF THE SERVICE OR PRODUCT, INCLUDING BUT NOT LIMITED TO ANY ERROR OR OBLIGATION IN CONTENT, OR ANYTHING ANY LOSS OR DAMAGE ARISING FROM YOUR USE OF THE SERVICE OR ANY CONTENT (OR PRODUCT) POSTED, TRANSMISSIONED, OR PROVIDED THROUGH THE SERVICE, EVEN IF YOU HAVE BEEN WARNED OF THE POTENTIAL FOR SUCH DAMAGE.
SECTION 18 – INdemnification
You agree to indemnify, defend, and indemnify merlinfy.store, Shopify, and our affiliates, partners, officers, directors, employees, agents, contractors, licensors, and service providers against any loss, damage, liability, or claim (including reasonable attorney's fees) claimed by third parties arising from: (1) your breach of these Terms of Service or the documents referenced therein; (2) breach of the law or rights of a third party; or (3) your access to and use of the Service.
We will notify you of any claims, provided that delayed notification does not exempt you from your obligations unless you are substantially affected. We may control the defense and settlement of such claims at your expense, including the selection of counsel, but will not settle any claims relating to your non-financial obligations without your consent (and you may not reasonably refuse). You are obligated to cooperate in defending against claims, including providing relevant documentation.
SECTION 19 – SEPARATION OF CLAUSES
If any provision of these Terms of Service is determined to be illegal, invalid, or unenforceable, that provision shall remain in force to the maximum extent permitted by law, and the unenforceable portion shall be deemed detached from these Terms of Service. Such determination shall not affect the validity and enforceability of the remaining terms.
SECTION 20 – WAIVER; 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, together with any policies or operating rules posted by us on this website or relating to the Service, constitute the entire agreement between you and us, and govern your use of the Service, superseding any prior or concurrent agreements, communications, or proposals, whether oral or written, between you and us (including but not limited to any prior versions of the Terms of Service). Any
ambiguity in the interpretation of these Terms shall not be construed in a way that is detrimental to the drafting party.
SECTION 21 – ASSIGNMENT
You may not assign, delegate, or sub-assign this Agreement or any of your rights or obligations under these Terms without our prior written consent. Any unauthorized assignment attempt will be void. We may freely assign, sub-assign, or sub-assign these Terms and our rights and obligations without your prior consent or notice.
SECTION 22 – GOVERNING LAW
These Terms of Service and any separate agreements under which we provide the Services to you will be governed by and interpreted in accordance with the federal and state or territory laws where merlinfy.store is headquartered. You and merlinfy.store agree to the individual jurisdiction and location of the courts in that territory.
SECTION 23 – TITLES
The titles used in this agreement are for convenience only and do not affect the interpretation of the content of these Terms.
SECTION 24 – AMENDMENTS TO THE SERVICE TERMS
You can review the latest 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 the updates and changes on our website. You are responsible for checking our website periodically to monitor for changes. We will notify you of any significant changes to these Terms as required by applicable law, and such changes will be effective from the date specified in the notice. Your continued use or access of the Service after any changes to the Terms of Service are posted constitutes your acceptance of those changes.
SECTION 25 – CONTACT INFORMATION
Any questions regarding these Terms of Service should be sent to: storemerlin7@gmail.com.
Our contact information is listed below:
storemerlin7@gmail.com