Terms of service

TERMS OF SERVICE
OVERVIEW

Welcome to MerryCups! The terms "we", "us" and "our" refer to MerryCups. MerryCups operates this store and website, including all related information, content, features, tools, products and services, in order to offer you, the customer, a curated shopping experience.

MerryCups uses Shopify technology, which allows us to offer you our online store, order management, payment and other related services.

The following terms and conditions, together with any policies referenced herein, hereinafter the "Terms of Service" or "Terms", describe your rights and responsibilities when you use our services.

Please read these Terms of Service carefully, as they include important information about your legal rights and cover areas such as warranties, disclaimers and limitation of liability.

By visiting, interacting with or using our services, you agree to be bound by these Terms of Service and our Privacy Policy: https://merrycups.com/policies/privacy-policy. 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 country, 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 our services, including accessing or browsing our online store or purchasing any of the products or services 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 in our store is correct, current and complete, and that you have all the rights necessary to provide such information.

You are solely responsible for maintaining the security of your account credentials and for all activity carried out from 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 display our products and services as accurately as possible in our online store. However, please note that colors, sizes or the appearance of the product may differ slightly from how they appear on your screen due to the type of device you use, lighting, screen settings or image editing.

We do not guarantee that the appearance or perceived quality of any product or service you purchase will meet your expectations exactly or be identical to how it is shown or presented 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 any product at any time and to limit the quantities of any product 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. MerryCups reserves the right to accept or reject your order for any reason, at its sole discretion and to the extent permitted by applicable law.

Your order will not be considered accepted until MerryCups confirms its acceptance. We must receive and process your payment before accepting the order.

You should review your order carefully before completing your purchase, as MerryCups may not be able to process cancellation requests once the order has been accepted or processed. If we do not accept, modify or cancel an order, we will try to notify you by contacting you at the email address, billing address or phone number you provided when placing the order.

You may request returns or exchanges only in accordance with our refund policy: https://merrycups.com/policies/refund-policy.

You represent and warrant that your purchase is for personal or household use, and not for resale or commercial export.

SECTION 4 - PRICING AND BILLING

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 the order is placed and will be stated in the order confirmation email.

Unless expressly stated otherwise, published prices may not include taxes, shipping costs, handling fees, customs duties or import charges.

Prices published in our online store may differ from prices offered in physical stores, other online stores or stores operated by third parties. We may offer occasional promotions on our services that may affect pricing and that are subject to terms and conditions different from these Terms. If there is a conflict between the terms of a promotion and these Terms, the promotion terms will prevail.

You agree to provide current, complete and accurate purchase, payment and account information for all purchases made in our store. You also 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 when necessary.

You represent and warrant that: (i) the credit card information you provide is true, correct and complete; (ii) you are duly authorized to use such credit card for the purchase; (iii) the charges you incur will be honored by your credit card company; and (iv) you will pay the charges incurred at the published prices, including shipping and handling charges and all applicable taxes, if any.

SECTION 5 - SHIPPING AND DELIVERY

Delivery times are estimates and may vary. We do not guarantee exact delivery dates, unless expressly stated otherwise or required by applicable law.

We will not be liable for delays caused by the carrier, customs procedures, logistics incidents or events beyond our control. Once the products have been delivered to the carrier, the risk of loss or damage may transfer to the customer to the extent permitted by applicable law.

SECTION 6 - INTELLECTUAL PROPERTY

Our services, including but not limited to trademarks, trade names, texts, samples, images, graphics, product reviews, videos, audio, design, and the selection and arrangement thereof, are the property of MerryCups, its affiliates or licensors, and are protected by applicable intellectual property laws.

These Terms allow you to use our services for personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works from, publicly display, publicly perform, republish, download, store or transmit any material from our services without our prior written consent.

Except as expressly provided herein, nothing in these Terms grants or shall be construed as granting a license or other rights under any patent, trademark, copyright or other intellectual property of MerryCups, Shopify or any third party.

Unauthorized use of our services may constitute a violation of applicable intellectual property laws. All rights not expressly granted in these Terms are reserved by MerryCups.

The names, logos, product and service names, designs and slogans of MerryCups are registered trademarks, trademarks or brand assets of MerryCups, its affiliates or licensors. You must not use such marks without the prior written permission of MerryCups.

The name, logo, product and service names, designs and slogans of Shopify are trademarks of Shopify. All other names, logos, product and service names, designs and slogans appearing on the services are trademarks of their respective owners.

SECTION 7 - OPTIONAL TOOLS

You may be provided with access to third-party tools as part of our services. We neither monitor nor have any direct control over such tools.

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

Any use you make of optional tools offered through the site is entirely at your own risk and discretion, and you should ensure that you are familiar with and approve of the terms on which such tools are provided by the relevant third parties.

We may also, in the future, offer new features through our services, including the release of new tools and resources. These new features will also be deemed part of our services and will be subject to these Terms of Service.

SECTION 8 - THIRD-PARTY LINKS

Our services may contain materials and hyperlinks to websites provided or operated by third parties, including any functionality embedded by third parties. We are not responsible for examining or evaluating the content or accuracy of any third-party material or website you choose to access.

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

We will not be liable for any harm or damages related to your access to any third-party website, or to your purchase or use of any product, service, resource or content available on third-party websites. Please carefully review the policies and practices of such third parties 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 relevant third party.

SECTION 9 - RELATIONSHIP WITH SHOPIFY

MerryCups operates with Shopify technology, which allows us to offer you our services. However, any sale or purchase you make in our store is made directly with MerryCups.

By using our services, you acknowledge and agree that Shopify is not responsible for any aspect of the sales between you and MerryCups, including any injury, damage or loss resulting from the purchase of products and services. You hereby expressly release Shopify and its affiliates from any claim, damage and liability arising from or related to your purchase and transaction with MerryCups, to the extent permitted by applicable law.

SECTION 10 - PRIVACY POLICY

All personal information we collect through our services is subject to our Privacy Policy, which you can view here: https://merrycups.com/policies/privacy-policy. Certain personal information may also be subject to Shopify's Privacy Policy. By using our services, you acknowledge that you have read our Privacy Policy.

Because our 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 them. The information you submit to our services may be transmitted to and shared with Shopify, as well as with third parties that may be located in a country other than your country of residence, in order to provide you with the services.

Please review our Privacy Policy for more information about how we, Shopify and our partners use your personal information: https://merrycups.com/policies/privacy-policy.

SECTION 11 - FEEDBACK

If you submit, upload, post, email or otherwise transmit ideas, suggestions, comments, reviews, proposals, plans or other content, hereinafter "feedback", you grant us a perpetual, worldwide, sublicensable, royalty-free license to use, reproduce, modify, publish, distribute and display such feedback in any medium and for any purpose, including commercial use.

We may, for example, use our rights under this license to operate, provide, evaluate, improve, optimize and promote our services, as well as to fulfill our obligations and exercise our rights under these Terms of Service.

You represent and warrant that: (i) you own or have all necessary rights to all feedback; (ii) you have disclosed any compensation or incentive received in connection with submitting your feedback; and (iii) your feedback complies with these Terms.

We have no, and will have no, obligation 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, in our sole discretion, to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise unacceptable, or that violates the intellectual property of any party or these Terms of Service.

You agree that your feedback will not infringe any third-party right, including copyright, trademark, privacy, personality or other personal or proprietary right. You also agree that your feedback will not contain defamatory, unlawful, abusive or obscene material, or computer viruses or other malware that could affect the operation of our services or any related website.

You may not use a false email address, pretend to be someone else or otherwise mislead us or third parties as to the origin of any feedback. You are solely responsible for the feedback you make and its accuracy. We assume no responsibility for feedback posted by you or by third parties.

SECTION 12 - ERRORS, INACCURACIES AND OMISSIONS

Occasionally there may be information in our services that contains typographical errors, inaccuracies or omissions relating to product descriptions, pricing, promotions, offers, shipping costs, transit times or 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 and without prior notice, even after you have placed your order, to the extent permitted by applicable law.

SECTION 13 - PROHIBITED USES

You may access and use our services for lawful purposes only. You may not access or use the services, directly or indirectly: (a) for any unlawful or malicious purpose; (b) to violate any international, federal, provincial, state or local regulation, rule or law; (c) to infringe or violate our intellectual property rights or the intellectual property rights of others; (d) to harass, abuse, insult, harm, defame, slander, disparage, intimidate or discriminate against any of our employees or any other person; (e) to transmit false or misleading information; (f) to knowingly send, receive, upload, download, use or reuse any material that does not comply with these Terms; (g) to transmit or procure the sending of any unsolicited advertising or promotional material, including any "junk mail", "chain letter", "spam" or similar solicitation; (h) to impersonate or attempt to impersonate any other person or entity; or (i) to engage in any conduct that restricts or inhibits anyone's use or enjoyment of the services, or that, as determined by us, may harm MerryCups, Shopify or users of the services, or expose them to any liability.

In addition, you agree not to: (a) upload or transmit viruses or any other type of malicious code that could affect the functionality or operation of the services; (b) reproduce, duplicate, copy, extract, sell, resell or exploit any portion of the services; (c) collect or track the personal information of others; (d) engage in spam, phishing, pharming, pretexting or similar practices; (e) use robots, spiders, scraping, data-gathering and extraction tools, automated devices or processes, artificial intelligence tools, automated agents or automated or manual means to access the services in an unauthorized manner; or (f) interfere with, circumvent or attempt to circumvent the security features, authorization, robot exclusion headers or other measures we employ 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, called the "Agent Terms", applies if you use, permit, enable or cause the deployment of an agent to access, use or interact with any service.

"Agent" means any software or service that performs autonomous or semi-autonomous actions on behalf of or at the instruction of any person or entity, and that may run on behalf of or using the device of such person or entity, without direct supervision.

14.2 No agent may access, use or interact with our services unless, at all times, it identifies itself and operates in strict compliance with the requirements of section 14.4. In addition, no agent may access, use or interact with our services if we have asked that agent to refrain from doing so.

14.3 We may limit, including through technical measures, the access, use and interaction of any agent with our services.

14.4 Agents must: (i) in every HTTP/HTTPS request, identify that the request comes from an agent and disclose the agent's name by including the following in the request's user-agent string: "Agent/[agent name]"; (ii) not conceal or create confusion about the fact that any access, use or interaction comes from an agent, for example by imitating human behavior or by completing or circumventing CAPTCHAs or other measures designed to distinguish computer use from human use; (iii) respond truthfully to any question or instruction intended to determine whether interactions come from a human or a computer; and (iv) not circumvent or otherwise avoid any measure designed to block, limit, modify or control whether agents access, use or interact with our services.

SECTION 15 - TERMINATION

We may terminate this agreement or your access to the services, or any part of them, at our sole discretion, at any time and without notice, to the extent permitted by applicable law. You will remain liable for all amounts owed up to and including the date of termination.

The following sections will continue to apply after 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 termination.

SECTION 16 - DISCLAIMER OF WARRANTIES

The information presented on or through our services is provided for general information purposes only. We do not guarantee the accuracy, completeness or usefulness of such information. Any reliance you place on such information is at your own risk. We disclaim all liability arising from any reliance placed on such materials by you, any other visitor to the services or anyone who may be informed of their contents, to the extent permitted by applicable law.

Unless MerryCups expressly states otherwise, the services and all products offered through them are provided "as is" and "as available", without any representation, warranty or condition of any kind, whether express or implied, including, but not limited to, implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title and non-infringement.

We do not warrant, represent or ensure that your use of the services will be uninterrupted, timely, secure or error-free. Some jurisdictions limit or do not allow the disclaimer of implied or other warranties, so the above disclaimer may not apply to you.

SECTION 17 - LIMITATION OF LIABILITY

To the maximum extent permitted by law, in no event shall MerryCups, our partners, directors, officers, employees, affiliates, agents, contractors, service providers or licensors, or Shopify or its affiliates, be liable for any direct, indirect, incidental, punitive, special or consequential injury, loss, claim or damage of any kind, including, without limitation, 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.

This limitation applies to any claim arising from your use of any of the services or any product purchased through them, as well as any other claim related in any way to your use of the services or any product, including, but not limited to, any error or omission in the content, or any loss or damage suffered as a result of the use of the services or any content or product posted, transmitted or otherwise made available through the services, even if advised of the possibility of such damages.

SECTION 18 - INDEMNIFICATION

You agree to indemnify, defend and hold harmless MerryCups, Shopify and our affiliates, partners, officers, directors, employees, agents, contractors, licensors and service providers from any loss, damage, liability or claim, including attorneys' fees, payable to any third party due to or arising out of: (1) your breach of these Terms of Service or the documents incorporated 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 indemnifiable claim, provided that failure to promptly notify us will not release you from your obligations unless you suffer material harm. We may control the defense and settlement of such claim at your expense, including the choice of counsel, but we will not settle any claim that involves non-monetary obligations on your part without your consent, which will not be unreasonably withheld. You will cooperate in the defense of indemnification claims, including by providing relevant documents.

SECTION 19 - SEVERABILITY

If any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision will be enforceable to the maximum extent permitted by applicable law. The unenforceable portion will be deemed excluded from these Terms of Service, and such determination will not affect the validity and enforceability of the remaining provisions.

SECTION 20 - WAIVER; ENTIRE AGREEMENT

Our failure to exercise or enforce any right or provision of these Terms of Service will 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 with 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 or proposals, whether oral or written, between you and us, including any prior versions of the Terms of Service.

Any ambiguity in the interpretation of these Terms of Service will not be construed against the party that drafted 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, and any attempt to do so will be void.

We may transfer, assign or delegate these Terms and our rights and obligations without your consent and without notifying you, to the extent permitted by applicable law.

SECTION 22 - GOVERNING LAW AND DISPUTE RESOLUTION

These Terms of Service and any separate agreement under which we provide you with services shall be governed by and construed in accordance with Spanish law and, where applicable, with the applicable European Union regulations on consumer protection and e-commerce.

If you are acting as a consumer and your habitual residence is in the European Union, this choice of law will not deprive you of the protection granted by the mandatory provisions of the law of your country of residence.

Jurisdiction. For disputes with consumers, the courts of the consumer's domicile will have jurisdiction, in accordance with applicable regulations. For disputes that do not involve a consumer, the parties submit to the courts and tribunals of Madrid, Spain, expressly waiving any other jurisdiction that may correspond to them.

Prior claims. Before initiating any action, we ask that you contact us at bymerrycups@gmail.com. We will handle your claim as quickly as possible and, in any case, within the legally established deadlines.

Online dispute resolution. In accordance with Regulation (EU) 524/2013, if you are a consumer residing in the European Union, you have access to the European Commission's online dispute resolution platform, available at: https://ec.europa.eu/consumers/odr

You may also contact the consumer bodies of your autonomous community or the corresponding Consumer Arbitration Boards.

Nothing in this section limits the rights that consumer law grants you as a buyer, including those relating to the legal guarantee of conformity and the right of withdrawal.

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 THE 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, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes on our website. It is your responsibility to check our website periodically for changes.

We will notify you of any 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 after the posting of any changes to these Terms of Service constitutes acceptance of those changes.

SECTION 25 - CONTACT INFORMATION

Questions about the Terms of Service should be sent to: bymerrycups@gmail.com.

Our contact information is below:

MerryCups bymerrycups@gmail.com