Terms of Service

Overview

Welcome to Margaret’s Charms. The terms “we,” “us,” and “our” refer to Margaret’s Charms. Margaret’s Charms operates this store and website, including all related information, content, features, tools, products, and services provided to offer customers a curated shopping experience collectively referred to as the “Services.”

Margaret’s Charms is powered by Shopify, which enables us to provide the Services to you.

These terms and conditions, together with any policies referenced within them, describe your rights and responsibilities when using the Services and are referred to collectively as the “Terms of Service” or “Terms.”

Please read these Terms carefully. They contain important information about your legal rights, including 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 or our Privacy Policy, you should not access or use the Services.

Section 1 — Access and Account

By agreeing to these Terms of Service, you confirm that you are at least the age of majority in your state, province, or place of residence. You also confirm that you have given any necessary consent for your minor dependants to use the Services on devices that you own, purchase, or manage.

To use the Services, including browsing our online store or purchasing products, you may be required to provide information such as your email address, billing details, payment information, and shipping address.

You represent and warrant that all information you provide is accurate, current, and complete and that you have the necessary rights to provide that information.

You are solely responsible for maintaining the security of your account credentials and for all activity carried out through your account. You may not transfer, sell, assign, or license your account to another person.

Section 2 — Our Products

We make reasonable efforts to display and describe our products accurately. However, colours, finishes, proportions, and overall appearance may vary depending on your device, screen settings, lighting conditions, and display configuration.

We do not guarantee that the appearance or quality of a product purchased through our store will exactly match how it appears on your screen.

Product descriptions, availability, and specifications may be changed at any time without notice at our discretion.

We reserve the right to discontinue any product and to limit the quantities available to any person, household, geographical region, or jurisdiction on a case-by-case basis.

Section 3 — Orders

When you submit an order, you are making an offer to purchase.

Margaret’s Charms reserves the right to accept, decline, limit, or cancel an order for any lawful reason at our discretion. An order is not accepted until we confirm acceptance and successfully receive and process payment.

Please review your order carefully before submitting it. Once an order has been accepted or entered processing, we may be unable to accommodate changes or cancellation requests.

If we decline, modify, or cancel an order, we may attempt to notify you using the email address, billing address, shipping address, or telephone number supplied with the order.

Purchases are subject to our Refund Policy, available on the relevant page of our website.

You represent and warrant that purchases made through the Services are for your own personal or household use and are not intended for unauthorised commercial resale or export.

Section 4 — Prices and Billing

Prices, discounts, shipping charges, and promotions may change without notice.

The price charged for a product or service will be the price displayed at the time the order is submitted and will appear in your order confirmation.

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

Prices shown in our online store may differ from prices offered through physical stores, marketplaces, advertising channels, or third-party sellers.

We may offer promotions governed by separate terms and conditions. If promotional terms conflict with these Terms, the specific promotional terms will govern that promotion.

You agree to provide current, complete, and accurate account, billing, payment, and purchase information.

You agree to update your information promptly, including your email address, payment details, and card expiry information, so that we can complete your transaction and contact you when necessary.

You represent and warrant that:

  1. The payment information you provide is accurate and complete.

  2. You are authorised to use the selected payment method.

  3. Charges submitted using that payment method will be honoured.

  4. You will pay all applicable product prices, shipping fees, handling charges, and taxes associated with your order.

Section 5 — Shipping and Delivery

All processing and delivery timeframes are estimates and are not guaranteed.

Margaret’s Charms is not responsible for delays caused by shipping carriers, customs authorities, adverse weather, incorrect delivery details, public holidays, service interruptions, or other circumstances outside our reasonable control.

Once an order has been transferred to the applicable delivery carrier, responsibility for transportation and delivery is subject to the carrier’s processes and applicable consumer law.

Additional information about processing times, estimated delivery periods, tracking, and delivery issues can be found in our Shipping Policy.

Section 6 — Intellectual Property

The Services, including our trademarks, business names, branding, text, website content, graphics, product photographs, videos, audio, product reviews, layout, design, features, and the selection and arrangement of such materials, are owned by or licensed to Margaret’s Charms and are protected by applicable intellectual property laws.

These Terms permit you to use the Services for personal and non-commercial purposes only.

Unless we provide prior written permission, you may not:

  • Reproduce, copy, republish, or distribute our materials.

  • Modify or create derivative works from our content.

  • Publicly display or publicly perform our content.

  • Download, store, transmit, scrape, or commercially exploit website materials.

  • Use our branding, photographs, descriptions, or designs in connection with another product, service, or business.

Nothing in these Terms grants you a licence or ownership interest in any patent, copyright, trademark, trade name, design, or other intellectual property belonging to Margaret’s Charms, Shopify, or another party.

Margaret’s Charms’ names, logos, product names, service names, designs, and slogans are trademarks or protected branding belonging to Margaret’s Charms or its licensors.

Shopify’s name, logo, products, services, designs, and slogans belong to Shopify.

All other trademarks and brand names displayed through the Services remain the property of their respective owners.

Section 7 — Optional Tools

We may provide access to tools, applications, or services offered by third parties.

We do not necessarily monitor, control, or have input into those third-party tools.

Access to optional third-party tools is provided on an “as is” and “as available” basis without warranties, representations, conditions, or endorsements of any kind.

To the fullest extent permitted by law, Margaret’s Charms will not be liable for losses or damages arising from your use of optional third-party tools.

Your use of such tools is at your own risk and discretion. You should review and understand the applicable third party’s terms, policies, and practices before using them.

New features, tools, or resources introduced through the Services will also form part of the Services and will be subject to these Terms.

Section 8 — Third-Party Links

The Services may include links, embedded features, or materials provided by third parties.

We are not responsible for examining or evaluating the accuracy, security, availability, or content of third-party websites, materials, products, or services.

When you leave our Services to access a third-party website, you do so at your own risk.

Margaret’s Charms is not liable for harm or loss connected with your access to, purchase from, or use of any third-party website, product, service, content, or resource.

Please review the third party’s policies and practices before entering into a transaction.

Questions, complaints, claims, or concerns relating to third-party products or services should be directed to the relevant third party.

Section 9 — Relationship With Shopify

Margaret’s Charms is powered by Shopify, which provides technology that enables us to offer the Services.

However, purchases made through our store are transactions between you and Margaret’s Charms.

Shopify is not the seller of products offered by Margaret’s Charms and is not responsible for the fulfilment, quality, delivery, refund, or customer-service obligations associated with those purchases.

To the extent permitted by law, you release Shopify and its affiliates from claims, damages, and liabilities arising directly from transactions between you and Margaret’s Charms.

Section 10 — Privacy Policy

Personal information collected through the Services is handled in accordance with our Privacy Policy, available on the relevant page of our website.

Certain personal information may also be processed subject to Shopify’s Privacy Policy.

Because the Services are hosted through Shopify, Shopify may collect and process information relating to your access to and use of the Services to operate, secure, and improve the platform.

Information submitted through the Services may be transmitted to and processed by Shopify and other service providers, including providers located outside your country of residence.

Please review our Privacy Policy for further information about how Margaret’s Charms, Shopify, and our service providers collect, use, disclose, store, and protect personal information.

Section 11 — Feedback

When you submit, upload, post, email, or otherwise provide ideas, reviews, comments, suggestions, proposals, photographs, videos, or other content collectively referred to as “Feedback,” you grant Margaret’s Charms a perpetual, worldwide, transferable, sublicensable, royalty-free licence to use, reproduce, adapt, modify, publish, distribute, translate, and display that Feedback in any medium for lawful business purposes.

This may include using Feedback to operate, evaluate, improve, and promote our products and Services.

You represent and warrant that:

  1. You own the Feedback or possess all rights necessary to submit it.

  2. You have disclosed any compensation, discount, gift, or incentive received in connection with the Feedback.

  3. Your Feedback complies with these Terms and applicable law.

We are under no obligation to:

  • Keep Feedback confidential.

  • Pay compensation for Feedback.

  • Publish Feedback.

  • Respond to Feedback.

We may monitor, edit, reject, or remove Feedback that we consider unlawful, misleading, offensive, abusive, threatening, defamatory, obscene, infringing, or otherwise inappropriate.

Your Feedback must not violate another person’s copyright, trademark, privacy, publicity, personality, or proprietary rights.

Feedback must not contain malicious code, viruses, or other harmful material.

You may not use a false identity, provide a false email address, impersonate another person, or otherwise mislead us about the origin or authenticity of Feedback.

You remain responsible for the accuracy and legality of the Feedback you submit.

Section 12 — Errors, Inaccuracies and Omissions

Information available through the Services may occasionally contain typographical errors, inaccuracies, or omissions relating to product descriptions, prices, promotions, offers, shipping charges, availability, or delivery estimates.

We reserve the right to correct errors, inaccuracies, or omissions and to update information, modify promotions, or cancel orders where information is inaccurate.

We may do so at any time without prior notice, including after an order has been submitted, subject to applicable law.

Section 13 — Prohibited Uses

You may access and use the Services only for lawful purposes.

You may not use the Services, directly or indirectly:

  1. For any unlawful, fraudulent, deceptive, or malicious purpose.

  2. To violate international, federal, national, state, provincial, territorial, or local laws.

  3. To infringe our intellectual property rights or the rights of another person.

  4. To harass, abuse, insult, harm, defame, intimidate, or discriminate against another person.

  5. To transmit false, fraudulent, or misleading information.

  6. To upload, download, distribute, or reuse material that violates these Terms.

  7. To transmit unsolicited advertising, spam, junk mail, chain letters, or similar solicitations.

  8. To impersonate Margaret’s Charms, an employee, another customer, or another person or entity.

  9. To interfere with another person’s ability to access or enjoy the Services.

  10. To engage in conduct that may harm Margaret’s Charms, Shopify, our customers, or our service providers.

You also agree not to:

  • Upload or transmit viruses, malware, or malicious code.

  • Reproduce, duplicate, copy, extract, sell, resell, or commercially exploit the Services without permission.

  • Collect or track another person’s personal information without lawful authority.

  • Phish, pharm, scrape, spam, or pretext.

  • Use bots, spiders, scraping systems, automated extraction tools, or unauthorised artificial-intelligence tools to access or copy the Services.

  • Bypass, interfere with, or circumvent security, authentication, robot-exclusion, rate-limiting, or access-control measures.

We may suspend, restrict, disable, or terminate access where we reasonably determine that these Terms have been violated.

Section 14 — Agents

This section applies when you use, authorise, enable, or deploy an automated or semi-automated system to access, use, or interact with the Services.

For the purposes of this section, an “Agent” means software or a service that performs actions on behalf of, or at the direction of, a person or entity without continuous direct supervision.

An Agent may not access or interact with the Services unless it clearly identifies itself and complies with the requirements below.

We may restrict whether and how Agents access or use the Services, including through technical controls.

Agents must:

  1. Identify automated requests by using an appropriate user-agent description that discloses the name of the Agent.

  2. Not conceal or disguise that the interaction originates from automated software.

  3. Not imitate human behaviour for the purpose of avoiding detection or access controls.

  4. Not complete, bypass, or circumvent CAPTCHAs or similar measures intended to distinguish humans from automated systems.

  5. Answer truthfully when asked whether an interaction originates from a human or automated system.

  6. Not bypass measures intended to block, limit, monitor, or control automated access.

Section 15 — Termination

We may terminate these Terms or suspend or terminate access to all or part of the Services where permitted by law.

You will remain responsible for amounts properly due up to and including the date of termination.

Provisions that should reasonably survive termination will remain effective, including provisions relating to intellectual property, Feedback, disclaimers, limitations of liability, indemnification, severability, governing law, privacy, and outstanding payment obligations.

Section 16 — Disclaimer of Warranties

Information presented through the Services is provided for general informational purposes.

We do not guarantee that all information will be complete, current, accurate, or suitable for every purpose.

Reliance on information made available through the Services is at your own risk, subject to any rights that cannot lawfully be excluded.

Except where expressly stated by Margaret’s Charms or required by applicable law, the Services and products offered through the Services are provided on an “as is” and “as available” basis.

To the fullest extent permitted by law, we disclaim express and implied warranties or conditions, including warranties relating to merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

We do not guarantee that access to the Services will always be uninterrupted, timely, secure, or error-free.

Some jurisdictions do not permit the exclusion or limitation of certain warranties. In those jurisdictions, these exclusions apply only to the extent permitted by law.

Nothing in these Terms excludes statutory consumer rights that cannot lawfully be excluded.

Section 17 — Limitation of Liability

To the fullest extent permitted by law, Margaret’s Charms and its partners, directors, officers, employees, affiliates, agents, contractors, service providers, and licensors will not be liable for indirect, incidental, punitive, special, exemplary, or consequential losses arising from your access to or use of the Services or products purchased through the Services.

This may include loss of profits, revenue, savings, data, business opportunity, or replacement costs.

These limitations apply regardless of whether liability is alleged under contract, tort, negligence, strict liability, statute, or another legal theory and regardless of whether we were advised that such damage was possible.

Where applicable law does not permit a particular exclusion or limitation, our liability will be limited only to the maximum extent permitted by law.

Nothing in these Terms excludes or limits liability where doing so would be unlawful.

Section 18 — Indemnification

To the extent permitted by law, you agree to indemnify, defend, and hold harmless Margaret’s Charms, Shopify, and our respective affiliates, partners, directors, officers, employees, agents, contractors, licensors, and service providers from third-party losses, damages, liabilities, claims, and reasonable legal fees arising from:

  1. Your material breach of these Terms or policies incorporated by reference.

  2. Your violation of applicable law.

  3. Your infringement of another person’s rights.

  4. Your misuse of the Services.

We will provide notice of an indemnifiable claim where reasonably practicable.

Failure to provide prompt notice will not relieve you of your obligations unless the delay materially prejudices your ability to respond.

We may control the defence and settlement of a claim at your expense, including the selection of legal counsel.

We will not agree to a settlement that imposes non-monetary obligations directly upon you without your consent, which must not be unreasonably withheld.

You agree to cooperate reasonably in the defence of any indemnified claim.

Section 19 — Severability

If any provision of these Terms is found to be unlawful, void, invalid, or unenforceable, that provision will be enforced to the fullest extent permitted by law.

Any unenforceable portion will be treated as severed from these Terms without affecting the validity or enforceability of the remaining provisions.

Section 20 — Waiver and Entire Agreement

Our failure to exercise or enforce a right or provision under these Terms does not constitute a waiver of that right or provision.

These Terms, together with all policies and operating rules posted through the Services, constitute the entire agreement between you and Margaret’s Charms regarding your use of the Services.

They replace prior or contemporaneous communications, proposals, representations, and agreements relating to the same subject matter.

Any ambiguity in the interpretation of these Terms will not automatically be interpreted against the party responsible for drafting them.

Section 21 — Assignment

You may not delegate, transfer, or assign these Terms or your rights or obligations under them without our prior written consent.

Any attempted transfer without permission may be considered invalid.

Margaret’s Charms may transfer, assign, or delegate its rights and obligations under these Terms as part of a business transfer, corporate restructuring, service-provider arrangement, or other lawful transaction, subject to applicable law.

Section 22 — Governing Law

These Terms and any separate agreements through which Margaret’s Charms provides the Services will be governed by the applicable laws and courts of the jurisdiction in which Margaret’s Charms is legally established or headquartered, without excluding any mandatory consumer protections that apply in your country, state, province, or territory of residence.

Where permitted by law, you and Margaret’s Charms consent to the jurisdiction and venue of the applicable courts in that jurisdiction.

Section 23 — Headings

Headings are included for convenience and readability only.

They do not limit, expand, or otherwise affect the interpretation of these Terms.

Section 24 — Changes to These Terms

You may review the most current version of these Terms of Service on this page at any time.

We reserve the right to update, modify, or replace all or part of these Terms by publishing an updated version through the Services.

Where required by law, we will provide notice of material changes and specify when those changes take effect.

Your continued use of the Services after updated Terms become effective constitutes acceptance of the updated Terms, subject to applicable law.

Contact Information

Questions about these Terms of Service may be sent to:

Margaret’s Charms
Email: info@margaret-charms.com