Terms of service
TERMS OF SERVICE
OVERVIEW
Welcome to Merrick Design Store. The terms “we,” “us,” and “our” refer to Merrick Design Store. Merrick Design Store operates this store and website, including all related information, content, features, tools, products, and services (the “Services”) to provide you, the customer, with a curated shopping experience. Merrick Design Store is powered by Shopify, which enables us to provide the Services to you.
These Terms of Service (“Terms”), together with any policies referenced herein, describe your rights and responsibilities when you use the Services.
Please read these Terms carefully, as they include important information about your legal rights, warranty disclaimers, and limitations of liability.
By visiting, interacting with, or using our Services, you agree to be bound by these Terms and our Privacy Policy [LINK]. If you do not agree, you should not use or access the Services.
SECTION 1 – ACCESS AND ACCOUNT
By agreeing to these Terms, you represent that you are at least the age of majority in your state or province of residence, or that you have given consent for any minor dependents to use the Services on devices you own or manage.
To use the Services, including browsing or making a purchase, you may be required to provide certain information such as your email address, billing details, payment information, and shipping address. You represent and warrant that all information provided is accurate, current, complete, and that you have the right to provide it.
You are responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account. You may not transfer, sell, assign, or license your account to any other person.
SECTION 2 – OUR PRODUCTS
We make reasonable efforts to display our products accurately. However, product colors or appearance may vary depending on your device, display settings, and configuration.
We do not guarantee that product appearance or quality will meet your expectations or match images displayed on the Services.
All product descriptions are subject to change without notice. We reserve the right to discontinue any product or limit quantities offered to any person, geographic region, or jurisdiction.
SECTION 3 – ORDERS
By placing an order, you are making an offer to purchase. Merrick Design Store reserves the right to accept or decline any order at its discretion. An order is not accepted until payment is received and the order is confirmed.
Please review your order carefully before submitting. Once an order has been accepted, cancellation requests may not be accommodated.
If an order is modified or canceled, we will attempt to notify you using the contact information provided at checkout.
All purchases are subject to our Returns & Refund Policy [LINK], which is incorporated into these Terms by reference.
You represent and warrant that purchases are for personal or household use only and not for resale or export.
SECTION 4 – PRICES AND BILLING
Prices, discounts, and promotions are subject to change without notice. The price charged will be the price in effect at the time the order is placed and shown in your order confirmation.
Prices do not include taxes, shipping, handling, customs, or import charges unless stated otherwise.
You agree to provide accurate and current billing and payment information and authorize us to charge your payment method for all applicable charges.
SECTION 5 – SHIPPING AND DELIVERY
All delivery times are estimates and are not guaranteed. We are not responsible for delays caused by carriers, customs processing, weather, or events beyond our control.
Once an order is transferred to the shipping carrier, title and risk of loss pass to you, subject to applicable law.
SECTION 6 – INTELLECTUAL PROPERTY
All content included in the Services, including text, images, graphics, logos, designs, and software, is owned by Merrick Design Store or its licensors and is protected by intellectual property laws.
You may use the Services for personal, non-commercial use only. You may not reproduce, distribute, modify, or exploit any content without prior written permission.
All trademarks and service marks displayed are the property of their respective owners.
SECTION 7 – OPTIONAL TOOLS
We may provide access to third-party tools that we do not monitor or control. These tools are provided “as is” and “as available,” without warranties of any kind.
Your use of optional third-party tools is entirely at your own risk and discretion.
SECTION 8 – THIRD-PARTY LINKS
The Services may include links to third-party websites. We are not responsible for the content, accuracy, or practices of third-party sites. Accessing third-party websites is at your own risk.
SECTION 9 – RELATIONSHIP WITH SHOPIFY
Merrick Design Store is powered by Shopify, which enables us to provide the Services. However, all sales are made directly between you and Merrick Design Store.
You acknowledge and agree that Shopify is not responsible for any aspect of sales transactions, including product issues, injuries, damages, or losses. You expressly release Shopify and its affiliates from all claims arising from your purchases.
SECTION 10 – PRIVACY POLICY
All personal information collected through the Services is governed by our Privacy Policy [LINK] and Shopify’s Privacy Policy. By using the Services, you acknowledge that your information may be processed and stored by Shopify and its service providers, including in other countries.
SECTION 11 – FEEDBACK
If you submit feedback, reviews, or suggestions, you grant Merrick Design Store a perpetual, worldwide, royalty-free, sublicensable license to use such content for any lawful purpose.
You represent that you own or have the right to submit the feedback and that it does not violate any third-party rights.
SECTION 12 – ERRORS, INACCURACIES, AND OMISSIONS
We reserve the right to correct errors, inaccuracies, or omissions and to change or update information or cancel orders if information is inaccurate at any time without prior notice.
SECTION 13 – PROHIBITED USES
You may use the Services only for lawful purposes. You may not use the Services to violate laws, infringe intellectual property, harass others, transmit malware, engage in fraudulent activity, or interfere with the operation or security of the Services.
We reserve the right to suspend or terminate access for violations of these Terms.
SECTION 14 – TERMINATION
We may terminate or suspend your access to the Services at any time without notice. You remain liable for all amounts due up to the date of termination.
SECTION 15 – DISCLAIMER OF WARRANTIES
The Services and all products are provided “as is” and “as available,” without warranties of any kind, either express or implied, including warranties of merchantability, fitness for a particular purpose, and non-infringement, except where prohibited by law.
SECTION 16 – LIMITATION OF LIABILITY
To the fullest extent permitted by law, Merrick Design Store and its affiliates shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising from your use of the Services or products.
SECTION 17 – INDEMNIFICATION
You agree to indemnify and hold harmless Merrick Design Store, Shopify, and their affiliates from any claims arising out of your breach of these Terms or misuse of the Services.
SECTION 18 – SEVERABILITY
If any provision of these Terms is found unenforceable, the remaining provisions shall remain in full force and effect.
SECTION 19 – WAIVER; ENTIRE AGREEMENT
These Terms and any policies referenced constitute the entire agreement between you and Merrick Design Store and supersede any prior agreements.
SECTION 20 – ASSIGNMENT
You may not assign these Terms without our prior written consent. We may assign these Terms without restriction.
SECTION 21 – GOVERNING LAW
These Terms shall be governed by and construed in accordance with the laws of the State of Oklahoma. You consent to exclusive jurisdiction in the state and federal courts located in Oklahoma.
SECTION 22 – HEADINGS
Headings are for convenience only and do not affect interpretation.
SECTION 23 – CHANGES TO TERMS
We reserve the right to update or replace these Terms at any time. Continued use of the Services after changes are posted constitutes acceptance of the updated Terms.
SECTION 24 – CONTACT INFORMATION
Questions about these Terms should be sent to:
Merrick Design Store
info@merrickdesign.com
Business Address:
8502 N 128th E Ave
Suite A
Owasso, OK 74055