Terms and conditions
Here is the rewritten Terms of Service text for Melvina's Workshop, updated with your shop name, Big Cartel as the platform, and your contact email:
OVERVIEW
Welcome to Melvina's Workshop. The terms "we," "us," and "our" refer to Melvina's Workshop. We operate this store and website, including all related information, content, features, tools, products, and services, in order to provide you — the customer — with a curated shopping experience (the "Services"). Melvina's Workshop is hosted on Big Cartel, which enables us to provide the Services to you.
The terms and conditions below, together with any policies referenced within them (these "Terms of Service" or "Terms"), describe your rights and responsibilities when you use the Services.
Please read these Terms of Service carefully, as they include important information about your legal rights and cover 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. If you do not agree to these Terms of Service or 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 or province of residence, and that you have given us your consent to allow any of your minor dependents to use the Services on devices you own, purchase, or manage.
To use the Services — including accessing or browsing our store or purchasing any products we offer — you may be asked to provide certain information such as your email address, billing, payment, and shipping information. You represent and warrant that all information you provide is correct, current, and complete, and that you have all rights necessary to provide it.
You are solely responsible for maintaining the security of your account credentials and for all activity associated with your account. You may not transfer, sell, assign, or license your account to any other person.
SECTION 2 — OUR PRODUCTS
We have made every effort to accurately represent our products in our store. However, please note that colors or product appearance may differ from how they appear on your screen due to your device type, settings, and configuration.
We do not warrant that the appearance or quality of any products purchased will meet your expectations or exactly match how they are depicted in our 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. Melvina's Workshop reserves the right to accept or decline your order for any reason at our discretion. Your order is not accepted until Melvina's Workshop confirms acceptance. We must receive and process your payment before your order is accepted.
Please review your order carefully before submitting, as we may be unable to accommodate cancellation requests after an order is accepted. In the event that we do not accept, modify, or cancel an order, we will attempt to notify you using the email, billing address, or phone number provided at the time of purchase.
Your purchases are subject to return or exchange solely in accordance with our Refund Policy.
You represent and warrant that your purchases are for your own 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 will be the price in effect at the time the order is placed, as set out in your order confirmation. Unless otherwise stated, posted prices do not include taxes, shipping, handling, customs, or import charges.
From time to time, we may offer promotions that affect pricing. Those promotions are governed by their own terms, which will take precedence over these Terms in the event of a conflict.
You agree to provide current, complete, and accurate payment and account information for all purchases. You agree to promptly update your information — including your email address and payment details — so that we can complete your transactions and contact you as needed.
You represent and warrant that: (i) the payment information you provide is true, correct, and complete; (ii) you are authorized to use the payment method provided; (iii) charges incurred will be honored by your payment provider; and (iv) you will pay all charges incurred, including shipping and any applicable taxes.
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 shipping carriers, customs processing, or events outside our control. Once we transfer your order to the carrier, title and risk of loss passes to you.
SECTION 6 — INTELLECTUAL PROPERTY
Our Services — including all artwork, trademarks, text, images, graphics, and the design and arrangement thereof — are owned by Melvina's Workshop or its licensors and are protected by U.S. and international copyright and intellectual property laws.
These Terms permit you to use the Services for personal, non-commercial use only. You may not reproduce, distribute, modify, create derivative works of, publicly display, republish, download, store, or transmit any material from the Services without our prior written consent. Unauthorized use may violate applicable intellectual property laws. All rights not expressly granted herein are reserved by Melvina's Workshop.
Melvina's Workshop's name, logo, and related marks are trademarks of Melvina's Workshop. You may not use them without prior written permission.
SECTION 7 — OPTIONAL TOOLS
You may be given access to tools offered by third parties as part of the Services, over which we have no control or input. Such tools are provided "as is" and "as available" without any warranties or endorsement. We have no liability arising from your use of any optional third-party tools.
Any use of optional tools is entirely at your own risk. You should ensure that you are familiar with and agree to the terms of any relevant third-party provider.
We may also, in the future, offer new features through the Services. Such features will also be subject to these Terms of Service.
SECTION 8 — THIRD-PARTY LINKS
The Services may contain links to third-party websites. We are not responsible for the content or accuracy of any third-party websites. If you choose to leave the Services to access third-party sites, you do so at your own risk.
We are not liable for any harm or damages related to your use of or purchases from third-party websites. Please review the policies of any third party before engaging in any transaction. Any complaints or concerns regarding third-party products should be directed to the third party.
SECTION 9 — RELATIONSHIP WITH BIG CARTEL
Melvina's Workshop is hosted on Big Cartel, which enables us to provide the Services to you. However, all sales and purchases made in our store are made directly with Melvina's Workshop. By using the Services, you acknowledge that Big Cartel is not responsible for any aspect of transactions between you and Melvina's Workshop, including any injury, damage, or loss resulting from purchased products. You expressly release Big Cartel and its affiliates from all claims arising from your purchases and transactions with Melvina's Workshop.
SECTION 10 — PRIVACY POLICY
All personal information collected through the Services is subject to our Privacy Policy. Because the Services are hosted on Big Cartel, Big Cartel may collect and process certain information about your access to and use of the Services in order to provide and improve them. Please review Big Cartel's privacy policy for further details.
SECTION 11 — FEEDBACK
If you submit any ideas, suggestions, reviews, or other feedback ("Feedback"), you grant us a perpetual, worldwide, royalty-free license to use, reproduce, modify, publish, and distribute such Feedback for any purpose, including to operate and improve the Services.
You represent and warrant that you own or have the necessary rights to all Feedback you submit, and that your Feedback complies with these Terms. We are under no obligation to maintain Feedback in confidence, compensate you for it, or respond to it.
We may monitor, edit, or remove Feedback that we determine, in our sole discretion, to be unlawful, offensive, or otherwise objectionable.
You agree that your Feedback will not violate any third-party rights and will not contain unlawful, abusive, or obscene content, or any malicious code. You are solely responsible for the accuracy of any Feedback you submit.
SECTION 12 — ERRORS, INACCURACIES, AND OMISSIONS
Occasionally, information on the Services may contain typographical errors, inaccuracies, or omissions relating to product descriptions, pricing, promotions, shipping charges, or availability. We reserve the right to correct any such errors and to update or cancel orders if any information is found to be inaccurate, at any time and without prior notice.
SECTION 13 — PROHIBITED USES
You may access and use the Services for lawful purposes only. You may not use the Services: (a) for any unlawful or malicious purpose; (b) to violate any applicable laws or regulations; (c) to infringe upon the intellectual property rights of Melvina's Workshop or any third party; (d) to harass, harm, or intimidate any person; (e) to transmit false or misleading information; (f) to send unsolicited promotional material or spam; (g) to impersonate any person or entity; or (h) to engage in any conduct that restricts or inhibits others' use of the Services.
You also agree not to upload malicious code, reproduce or resell any portion of the Services, collect personal information of others, or interfere with the security of the Services. We reserve the right to suspend or terminate your access at any time if we determine you have violated any part of these Terms.
SECTION 14 — TERMINATION
We may terminate this agreement or your access to the Services at any time without notice, and you will remain liable for all amounts due up to the date of termination.
The following sections will survive any termination: Intellectual Property, Feedback, Termination, Disclaimer of Warranties, Limitation of Liability, Indemnification, Severability, Waiver, Entire Agreement, Assignment, Governing Law, Privacy Policy, and any other provisions that by their nature should survive.
SECTION 15 — DISCLAIMER OF WARRANTIES
Information presented through the Services is made available for general informational purposes only. We do not warrant its accuracy, completeness, or usefulness. Any reliance you place on such information is at your own risk.
EXCEPT AS EXPRESSLY STATED BY MELVINA'S WORKSHOP, THE SERVICES AND ALL PRODUCTS ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT ANY REPRESENTATIONS, WARRANTIES, OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, AND NON-INFRINGEMENT. WE DO NOT GUARANTEE THAT USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE.
SECTION 16 — LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PROVIDED BY LAW, MELVINA'S WORKSHOP, ITS PARTNERS, DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, AND LICENSORS SHALL NOT BE LIABLE FOR ANY INJURY, LOSS, CLAIM, OR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING LOST PROFITS, LOST REVENUE, LOSS OF DATA, OR REPLACEMENT COSTS, ARISING FROM YOUR USE OF THE SERVICES OR ANY PRODUCTS PURCHASED THROUGH THE SERVICES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
SECTION 17 — INDEMNIFICATION
You agree to indemnify, defend, and hold harmless Melvina's Workshop and its affiliates, partners, officers, directors, employees, agents, contractors, and licensors from any losses, damages, liabilities, or claims — including reasonable attorneys' fees — arising out of: (1) your breach of these Terms; (2) your violation of any law or the rights of a third party; or (3) your access to and use of the Services.
We may control the defense and settlement of any such claim at your expense, but will not settle any claim requiring non-monetary obligations from you without your consent.
SECTION 18 — SEVERABILITY
If any provision of these Terms is found to be unlawful, void, or unenforceable, that provision shall be enforced to the fullest extent permitted by law, and the remainder of the Terms shall remain in full force and effect.
SECTION 19 — 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 of Service, together with any policies posted on our store, constitute the entire agreement between you and us regarding use of the Services, and supersede any prior agreements or communications.
SECTION 20 — ASSIGNMENT
You may not transfer or assign these Terms or any of your rights or obligations without our prior written consent. We may transfer or assign these Terms and our rights and obligations without notice to you.
SECTION 21 — GOVERNING LAW
These Terms of Service shall be governed by and construed in accordance with the laws of the jurisdiction where Melvina's Workshop is headquartered. You and Melvina's Workshop consent to venue and personal jurisdiction in such courts.
SECTION 22 — HEADINGS
Section headings are included for convenience only and do not limit or otherwise affect these Terms.
SECTION 23 — CHANGES TO TERMS OF SERVICE
We reserve the right to update, change, or replace any part of these Terms of Service at any time by posting updates to our store. It is your responsibility to check this page periodically for changes. Your continued use of the Services following the posting of any changes constitutes your acceptance of those changes.
SECTION 24 — CONTACT INFORMATION
Questions about these Terms of Service should be sent to:
Melvina's Workshop
[email protected]