Terms of service
OVERVIEW
Welcome to Mustlovegifts! The terms "we", "us" and "our" refer to Mustlovegifts. Mustlovegifts operates this store and website, including all related information, content, features, tools, products and services to provide you, the customer, with a customized shopping experience (the "Services"). Mustlovegifts is powered by Shopify, which enables us to deliver the Services to you.
The following terms and conditions, together with any policies referenced herein (these "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 address areas such as 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 to these Terms of Service or the 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 you have given us permission to allow any minor dependents of yours to use the Services on devices you own, purchase or control.
To use the Services, including accessing or browsing our online stores or purchasing any of the products or services we offer, you may be asked to provide certain information such as your email address, billing, delivery address and payment details. You represent and warrant that all information you provide in our stores is accurate, current and complete and that you have all rights necessary to provide such information.
You are solely responsible for the security of your account login credentials and for all your account activities. You may not transfer, sell, assign or license your account to another person.
SECTION 2 - OUR PRODUCTS
We have made every effort to display our products and services accurately in our online stores. Please note, however, that colors or appearance of products may differ from how they appear on your screen, depending on the type of device you use to access the store and your device settings and configuration.
We do not guarantee that the appearance or quality of any products or services purchased by you will meet your expectations or be the same as depicted or delivered in our online stores.
All product descriptions may be changed 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 we offer 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. Mustlovegifts reserves the right to accept or refuse your order for any reason at its sole discretion. Your order is not accepted until Mustlovegifts has confirmed acceptance. We must receive and process your payment before your order is accepted. Please review your order carefully before submitting it, as Mustlovegifts may not be able to process cancellation requests once an order has been accepted. In the event we do not accept, modify or cancel an order, we will endeavor to notify you by contacting the email address, billing address and/or phone number provided when placing the order.
Your purchases may only be returned or exchanged in accordance with our Refund Policy [LINK].
You represent and warrant that your purchases are for your own personal or household use and not for commercial resale or export.
SECTION 4 - PRICING AND BILLING
Prices, discounts and promotions are subject to change without notice. The price charged for a product or service is the price in effect at the time the order is placed and will be set out in your order confirmation email. Unless expressly stated otherwise, prices listed exclude taxes, shipping and handling fees, and any customs or import duties.
Prices in our online stores may differ from prices in physical stores or in online stores operated by third parties. We may from time to time offer promotions on the Services that may affect pricing and that are governed by terms and conditions separate from these Terms. If there is a conflict between the terms for a promotion and these Terms, the promotion terms will govern.
You agree to provide current, complete and accurate purchase, payment and account information for all purchases made in our stores. You agree to promptly update your account and other information, including your email address, credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
You represent and warrant that (i) the credit card information you provide is truthful, accurate and complete, (ii) you are duly authorized to use such credit card for the purchase, (iii) charges incurred by you will be honored by your credit card company, and (iv) you will pay 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 delays in shipping and 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. Once we transfer the products to the carrier, title and risk of loss pass to you.
SECTION 6 - INTELLECTUAL PROPERTY
Our Services, including but not limited to all trademarks, brands, text, displays, images, graphics, product controls, video and audio, and the design, selection and arrangement thereof, are owned by Mustlovegifts, its affiliates or licensors and are protected by patent, copyright and other intellectual property laws.
These Terms permit you to use the Services solely for personal, non-commercial use. You may not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any material on the Services without our prior written consent. Unless expressly stated herein, nothing in these Terms grants or shall be construed as granting you a license or other rights under any patent, trademark, copyright or other intellectual property of Mustlovegifts, Shopify or any third party. Unauthorized use of the Services may constitute a violation of applicable intellectual property laws. All rights not expressly granted herein are reserved to Mustlovegifts.
The names, logos, product and service names, designs and slogans of Mustlovegifts are trademarks of Mustlovegifts or its subsidiaries or licensors. You may not use such trademarks without the prior written consent of Mustlovegifts. 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 on the Services are trademarks of their respective owners.
SECTION 7 - OPTIONAL TOOLS
You may have access to third-party tools offered as part of the Services, 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 any warranties, representations or conditions of any kind and without any endorsement. We have no liability arising from or related to your use of optional third-party tools.
Any use by you of optional tools offered through the Services is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party providers.
We may also offer new features through the Services in the future (including the release of new tools). Such new features will also 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 embedded third-party functionality). We are not responsible for examining or evaluating the content or accuracy of third-party materials or websites you choose to access. If you decide to leave the Services to access these third-party materials or sites, you do so at your own risk.
We are not liable for any harm or damages related to your access to third-party websites, or your purchase or use of products, services, resources or content on third-party websites. Please review the third party's policies and practices carefully 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
Mustlovegifts is powered by Shopify, which enables us to deliver the Services to you. However, all sales and purchases you make in our Store are made directly with Mustlovegifts. By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of a sale between you and Mustlovegifts, including any injury, damage or loss resulting from purchased products and services. You hereby expressly release Shopify and its affiliates from all claims, damages and liabilities arising out of or related to your purchases and transactions with Mustlovegifts.
SECTION 10 - PRIVACY POLICY
All personal information we collect through the Services is subject to our Privacy Policy, which you can view here [LINK], and certain personal information may be subject to Shopify's Privacy Policy, which you can view here. By using the Services, you acknowledge that you have read this privacy policy.
Because the Services are hosted by Shopify, Shopify collects and processes personal information about your access to and use of the Services in order to provide and improve the Services for you. Information you submit to the Services will be sent to and shared with Shopify and third parties that may be located in countries other than where you reside, in order to provide services to you. Please review our Privacy Policy [LINK] for more information on how we, Shopify and our partners use your personal data.
SECTION 11 - FEEDBACK
If you submit, upload, post, email or otherwise transmit ideas, suggestions, feedback, reviews, proposals, subscriptions or other content (collectively "Feedback"), you grant us a perpetual, worldwide, sublicensable, royalty-free license to use, reproduce, modify, publish, distribute and display such Feedback in any medium for any purpose, including for commercial use. We may use our rights under this license, for example, to operate, deliver, evaluate, improve and promote the Services and to fulfill our obligations and exercise our rights under the Terms of Service.
You also represent and warrant that: (i) you own or have all necessary rights to all Feedback; (ii) you have disclosed any compensation or incentives received in connection with your Feedback; and (iii) your Feedback complies with these Terms. We are not obligated to (1) treat your Feedback as confidential; (2) pay compensation for your Feedback; or (3) respond to your Feedback.
We may monitor, edit or remove Feedback that we determine in our sole discretion to be unlawful, offensive, threatening, defamatory, pornographic, obscene or otherwise objectionable or in violation of any party's intellectual property or these Terms of Service, but are not obligated to do so.
You agree that your Feedback will not infringe any right of any third party, including copyright, trademark, privacy, personality or other personal or proprietary rights. You further agree that your Feedback will not contain defamatory or otherwise unlawful, abusive or obscene content, or contain any computer virus or other malware that could in any way affect the operation of the Services or any related website. You may not use a false email address, impersonate any other person or entity or otherwise mislead us or third parties as to the origin of any Feedback. You are solely responsible for any Feedback you provide and its accuracy. We take no responsibility and assume no liability for any Feedback posted by you or any third party.
SECTION 12 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on or in the Services that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping pricing, 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 is incorrect at any time without prior notice (including after you have submitted your order).
SECTION 13 - PROHIBITED USES
You may only visit and use the Services for lawful purposes. You are not permitted to access or use the Services directly or indirectly (a) for unlawful or malicious purposes; (b) to violate any international, federal, provincial or state regulations, rules, laws or local 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 cause harm to our employees or other persons; (e) to submit false or misleading information; (f) to upload, knowingly receive, upload, download, use or reuse material that does not comply with these Terms; (g) to send or cause to be sent advertising or promotional material, including "junk mail", "chain letters", "spam" or other similar solicitations; (h) to impersonate or attempt to impersonate any other person or entity; or (i) to engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Services, or which, as determined by us, may harm Mustlovegifts, Shopify or users of the Services or expose them to liability.
In addition, you agree not to: (a) upload or transmit viruses or other malicious code that will or may affect the functionality or operation of the Services in any way; (b) reproduce, duplicate, copy, extract, sell, resell or exploit any part of the Services; (c) collect or track the personal information of others; (d) spam, phish, pharm or spoof the Services; (e) use robots, spiders, scraping, data collection and extraction tools, automated devices or processes, AI tools (such as agentic AI) or automated or manual means to access the Services; or (f) circumvent, disable or otherwise interfere with security or authorization features, robot exclusion headers or other measures we use to restrict access to the Services. We reserve the right to suspend, disable or terminate your account at any time and 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, permit, enable or allow an Agent to access, use or interact with the Services. "Agent" means any software or service that autonomously or semi-autonomously takes action on behalf of or at the direction of persons or entities and that may be executed on behalf of or with the assistance of a person's device without direct supervision.
14.2 An Agent may not access, use or interact with the Services unless it identifies itself at all times and acts in strict accordance with the requirements in section 14.4 below. In addition, an Agent may not access, use or interact with the Services if we have asked the Agent to refrain from accessing, using or interacting with any service.
14.3 We may restrict, including through technical measures, whether and how an Agent accesses, uses and interacts with the Services.
14.4 Agents must: (i) indicate in all HTTP/HTTPS requests that the request originates from an Agent and disclose the name of the Agent by including the following in the request's user-agent string: "Agent/[agent name]"; (ii) not conceal or obscure that access, use or interactions originate from an Agent, such as by (a) mimicking human behavior and interaction patterns, or (b) completing or bypassing CAPTCHAs or measures intended to distinguish computer use from humans; (iii) truthfully respond to questions or prompts intended to determine whether interactions originate from a human or a computer; (iv) not circumvent or otherwise avoid measures intended to block, restrict, modify or monitor whether and how Agents access, use or interact with the Services.
SECTION 15 - TERMINATION
We may terminate this agreement or your access to the Services (or any part thereof) at any time at our sole discretion and without prior notice, and you will remain liable for all amounts due up to and including the date of termination.
The following sections survive termination: Intellectual Property, Feedback, Termination, Disclaimer of Warranties, Limitation of Liability, Indemnification, Severability, Waiver; Entire Agreement, Assignment, Governing Law, Privacy Policy and other provisions that by their nature should survive termination.
SECTION 16 - DISCLAIMER OF WARRANTIES
The information presented on or through the Services is made available solely for general information purposes. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed by you or any other visitor to the Services on such materials, or by anyone who may be informed of its contents.
UNLESS EXPRESSLY STATED BY MUSTLOVEGIFTS, THE SERVICES AND ALL PRODUCTS OFFERED THROUGH THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" FOR YOUR USE, WITHOUT ANY REPRESENTATION, WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE. IN SOME JURISDICTIONS, THE EXCLUSION OF IMPLIED OR OTHER WARRANTIES IS LIMITED OR NOT PERMITTED, SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.
SECTION 17 - LIMITATION OF LIABILITY
TO THE EXTENT PERMITTED BY LAW, IN NO EVENT SHALL MUSTLOVEGIFTS, OUR PARTNERS, DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, SERVICE PROVIDERS OR LICENSORS, OR THOSE OF SHOPIFY AND ITS AFFILIATES, BE LIABLE FOR ANY INJURY, LOSS, CLAIM, OR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, LOST REVENUE, LOST SAVINGS, LOSS OF DATA, REPLACEMENT COSTS, OR ANY SIMILAR DAMAGES, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, ARISING FROM YOUR USE OF THE SERVICES OR PRODUCTS PURCHASED USING THE SERVICES, OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SERVICES 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 SERVICES OR ANY CONTENT (OR PRODUCT) POSTED, TRANSMITTED OR OTHERWISE MADE AVAILABLE VIA THE SERVICES, EVEN IF ADVISED OF THEIR POSSIBILITY.
SECTION 18 - INDEMNIFICATION
You agree to indemnify, defend and hold harmless Mustlovegifts, Shopify, and our affiliates, partners, officers, directors, employees, agents, contractors, licensors and service providers from all losses, damages, liabilities or claims, including reasonable attorneys' fees, payable to third parties arising out of or resulting from (1) your breach of these Terms of Service or the documents they incorporate by reference, (2) your violation of any law or the rights of a third party, or (3) your access to and use of the Services.
We will notify you of any claim eligible for indemnification, provided that failure to promptly notify you will not relieve you of your obligations unless you are materially prejudiced. We may arrange the defense and settlement of such claim at your expense, including the choice of counsel, but will not settle any claim requiring non-monetary obligations from you without your consent (which may not be unreasonably withheld). You will cooperate in the defense of damage claims, including by providing relevant documents.
SECTION 19 - SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law and the unenforceable portion shall be deemed severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
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 and any policies or operating rules posted by us on this site or in respect to the Services constitute the entire agreement and understanding between you and us and govern your use of the Services, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
SECTION 21 - ASSIGNMENT
You may not delegate, transfer or assign this Agreement or your rights or obligations under these Terms without our prior written consent, and any such attempt shall be void. We may transfer, assign or delegate these Terms and our rights and obligations without consent or notice to you.
SECTION 22 - GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide services to you shall be governed by and construed in accordance with the federal and state or territorial courts in the jurisdiction where Mustlovegifts is established. You and Mustlovegifts consent to venue and personal jurisdiction in such courts.
SECTION 23 - HEADINGS
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
SECTION 24 - CHANGES TO 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, change or replace any part of these Terms of Service at our sole discretion by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. We will notify you of material changes to these Terms in accordance with applicable law, and such changes will take effect on the date specified in the notice. Your continued use of or access to the Services following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
SECTION 25 - CONTACT
Questions about the Terms of Service can be sent to us at contact@mustlovegifts.com.