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Table of Contents
1. Terms Of Service
2. Site Transactions
3. Site Contents
4. Errors, Inaccuracies, And Omissions
5. Third-Party Links and Content
6. User Comments, Feedback, And Other Submissions
7. Your Personal Information
8. Pricing Policy
9. Shipping Policy
10. Right To Change Sites
11. Indemnification
12. Termination
13. General
14. Prohibited Uses
15. Disclaimer Of Warranties / Limitation of Liability
16. Governing Law
17. Contact Information
1. TERMS OF SERVICE
Last Revised July 13, 2024
Welcome to the Mostly Merch LLC website mostlymerch.com (the “Site”). Throughout the site, the terms “we”, “us” and “our” refer to Mostly Merch LLC. The Site is provided as a service to our customers (the “Service”). You must be age 16 or older to use the Site. The following terms and conditions govern your use of the Site (the “Agreement”).
Your use of the site constitutes your agreement to follow and be bound by this agreement. We reserve the right to update or modify this agreement at any time without prior notice. For this reason, we encourage you to review the agreement whenever you use any of the site. If you do not agree to these terms, please do not use the site.
2. SITE TRANSACTIONS
When making an order the customer agrees with the then-current terms and conditions regarding ordering and delivery.
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household, or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event we make a change to or cancel an order, we will attempt to notify you by contacting the email and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers, or distributors.
The customer is responsible for making sure that the purchased products are legal and can be imported to the destination country. The seller takes no responsibility if the purchased products will not reach the customer in a case where they are not allowed.
Payments are made using the payment options shown on the payment methods page. All sales are final.
For more detail, please review our Refund Policy.
3. SITE CONTENTS
The Site and the Contents are intended solely for personal, non-commercial use. You may download or copy the Contents and other downloadable materials displayed on the Site for your personal use only. No right, title, or interest in any downloaded Content is transferred to you as a result of any such downloading or copying. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell, or exploit in any way any of the Contents or the Site.
We are not responsible if informative material available on this Site is not accurate, complete or current. The informative material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the informative material on this site is at your own risk.
We have made every effort to display as accurately as possible the colors and styles of the offered products that appear at the Site. We cannot guarantee that the display of any color or style on your computer or mobile device will be accurate.
The statements made about products by the manufacturers have not been evaluated by the U.S. Food and Drug Administration or any other government agency and the results reported, if any, may not necessarily occur in all individuals. The statements and products sold through Mostly Merch LLC are not intended to diagnose, treat, cure or prevent any condition or disease. If any minor uses any goods or product sold by Mostly Merch LLC it should be only after the legal or parental guardian has discussed the product with the minor's doctor.
All products should be used strictly in accordance with their instructions, precautions and guidelines. You should always check the ingredients for products to avoid potential allergic reactions. Should ingredients be listed on the item in a language you’re unfamiliar with then Google Translate Cameracan aide you in translation. We hold no responsibility to translate ingredients or directions. The confirmation of any allergens or manufacturer usage directions are the sole responsibility of the customer. All sales are final. Should you have any questions prior to purchase email us at mostlymerchshop@gmail.com. Use of the Site is not meant to serve as a substitute for professional medical advice: the Site is solely an online store for specialty beauty products and other miscellaneous products. Please consult with your own physician or health care practitioner regarding the use of any goods, products or information received from the Site before using or relying on them. Your physician or health care practitioner should address any and all medical questions, concerns and decisions regarding the possible treatment of any medical condition. Mostly Merch LLC does not give or intend to give any answers to medical related questions and this Site do not replace any medical professional or medical resource. Mostly Merch LLC does not represent itself as a physician nor is this implied. No prescription medications or medical treatments are intentionally provided on the Site. IF YOU ARE IN NEED OF MEDICAL ATTENTION, CALL 911 OR YOUR PHYSICIAN IMMEDIATELY.
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.
We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
4. ERRORS, INACCURACIES, AND OMISSIONS
Information on our Site may contain typographical errors, inaccuracies, or omissions that relate to product descriptions, pricing, promotions, offers, product shipping charges, transit 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 on the Site is inaccurate at any time without prior notice (including after you have submitted your order).
5. THIRD-PARTY LINKS AND CONTENT
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
The Site may contain links to other websites that are not under the control of Mostly Merch LLC has no responsibility for the linked websites nor does linking constitute an endorsement of any linked website. If you use the links, you will leave the Site and your activities may be governed by other terms and conditions and privacy practices. Links are provided solely for your convenience and information.
We may provide you with access to third-party tools over which we neither monitor nor have any control nor 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 shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you 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 tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.
6. USER COMMENTS, FEEDBACK, AND OTHER SUBMISSIONS
Mostly Merch LLC is pleased to hear from you and welcomes your comments regarding our offerings and services. While we value your feedback, we are unable to accept or consider any creative ideas, suggestions, proposals, plans, or other materials submitted by you (collectively, “Proposals”) other than those we have specifically requested. The intent of this policy is to avoid the possibility of future misunderstandings when projects developed by Mostly Merch LLC’s employees and agents might seem to be similar to Proposals. Accordingly, we ask that you not send Proposals to anyone at Mostly Merch LLC through any communication channel.
If you send certain specific submissions at our request (for example, contest entries, customer reviews, or photographs), post comments, photos, reviews, or other content on the Site, or without a request from us you send creative ideas, suggestions, customer reviews, photographs, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, “Contents”), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate, and otherwise use your Comments in any medium. Mostly Merch LLC is and shall be under no obligation (1) to maintain Comments in confidence; (2) to pay compensation for Comments; or (3) to respond to Comments. We have the right but not the obligation to monitor and edit or remove any Comments. You may not repost, republish, or redistribute Comments outside of the Site.
You agree that your Comments will not violate any right of any third party, including copyright, trademark, privacy or other personal or proprietary right. You further agree that your Comments will not contain libelous or otherwise unlawful, abusive, or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Site. You may not use a false email address, pretend to be someone other than yourself, or otherwise mislead Mostly Merch LLC or third parties as to the origin of any Comments. You are solely responsible for any Comments you make and their accuracy. Mostly Merch LLC takes no responsibility and assumes no liability for any Comments posted by you or any third party.
7. YOUR PERSONAL INFORMATION
Our Privacy Policy explains how we collect, use, and share your personal information when you access or use our website and any other online services. Please read the Privacy Policy to learn more about how we process your personal information, including details on your privacy rights and choices. The Privacy Policy is also available through the link located at the bottom of the Site.
You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
We reserve the right to refuse service to anyone for any reason at any time.
8. PRICING POLICY
Prices of offered products are subject to change without notice on the Site.
We reserve the right at any time to modify or discontinue the Site (or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
Prices shown on the Site do not include tariffs, duties, taxes, VAT or any other possible fees.
We can refer to a mistake in price in case of a clear error, for example, if the mistake is so obvious that the customer should have noticed it.
9. SHIPPING POLICY
We aim to ship the products within 2 business days. We will notify the customer if the shipping of the order is postponed for more than 7 days using the contact information given to us at time of purchase.
The customer is responsible if a product is lost or damaged during delivery from us to the customer, including shipments that have been denied or not been picked up by the customer. This also includes packages stolen after delivery aka “porch pirates”. We relinquish all responsibility for the shipment once shipment has been successfully passed to the shipper.
Each order is shipped as received. Bundling separate orders into one shipment is not permitted. Each order is shipped separately.
The customer is responsible for paying all tariffs, duties, taxes, VAT, and other charges that may occur when importing the ordered products to the customer's country
The strike through or listed price represents a price at which we previously offered the product, or a comparable product online, recently or in a past season or year, or the value of a similar item in the market. It may not represent the price in effect in our stores, online, or elsewhere in the market on any particular day or in every location.
For more detail, please review our Shipping Policy.
10. RIGHT TO CHANGE SITES
We reserve the right, at any time in our sole discretion, to modify, suspend, or discontinue the Site or any service, content, feature, or product offered through the Site, with or without notice; charge fees in connection with the use of the Site; modify and/or waive any fees charged in connection with the Site; and/or offer opportunities to some or all users of the Site. You agree that we shall not be liable to you or to any third party for any modification, suspension, or discontinuance of the Site, or any service, content, feature, or product offered through the Site.
11. INDEMNIFICATION
You agree to defend, indemnify and hold Mostly Merch LLC harmless from and against any and all claims, damages, costs, and expenses, including attorneys’ fees, due to your use of the Site and/or your breach of any representation, warranty, or other provision of the Agreement.
12. TERMINATION
You may terminate this Agreement at any time. Mostly Merch LLC also may terminate this Agreement at any time without notice, and accordingly may deny you access to the Site, if in our sole judgment you fail to comply with any term or provision of the Agreement. The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this Agreement for all purposes.
13. GENERAL
The waiver of any provision of the Agreement shall not be considered a waiver of any other provision or of Mostly Merch LLC’s right to require strict observance of each of the terms herein. This Agreement constitutes the entire agreement between us relating to your use of the Site.
including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
The failure of us 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 Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, 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.
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
You agree to indemnify, defend and hold harmless Mostly Merch LLC and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
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 to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
14. PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content:
(a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information;
(g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
15. DISCLAIMER OF WARRANTIES / LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) 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.
In no case shall Mostly Merch LLC, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages 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, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service 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 service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility.
Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
16. GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of New York, United States.
17. CONTACT INFORMATION
Questions about the Terms of Service should be emailed to mostlymerchshop@gmail.com.