Terms of service
OVERVIEW
Welcome to Mend Outsiders! The terms “we”, “us” and “our” refer to Mend Outsiders (“Mend Outsiders,” “Company”). Mend Outsiders operates this store and website, including all related information, content, features, tools, products and services (collectively, the “Services”) to provide you, the customer, with a curated shopping experience. Mend Outsiders is powered by Shopify, which enables us to provide the Services to you.
These terms and conditions, together with any policies referenced herein (these “Terms of Service” or “Terms”), describe your rights and responsibilities when you use the Services.
Please read these Terms carefully, as they include important information about your legal rights and cover areas such as 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 to these Terms or the Privacy Policy, you should not use or access our 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 of residence, and 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 the Services, including accessing or browsing our online store or purchasing products, 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 is correct, current, and complete and that you have all rights necessary to provide this information.
You are solely responsible for maintaining the security of your account credentials and for all activity under 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 provide an accurate representation of our products and services in our online store. However, colors and product appearance may differ from how they appear on your screen due to the device you use and your device settings.
We do not warrant that the appearance or quality of any products or services purchased by you will meet your expectations or be the same as depicted in our online store.
All descriptions of products are subject to change at any time without notice at our sole discretion. We reserve the right to discontinue any product at any time and may limit quantities offered 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. Mend Outsiders reserves the right to accept or decline your order for any reason at its discretion. Your order is not accepted until Mend Outsiders confirms acceptance and we receive and process your payment.
Please review your order carefully before submitting, as Mend Outsiders may be unable to accommodate cancellation requests after an order is accepted. In the event that we do not accept, make a change to, or cancel an order, we will attempt to notify you by contacting the email, billing address, and/or phone number provided at the time the order was made.
Your purchases are subject to return or exchange solely 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 — 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 will be set out in your order confirmation email. Unless otherwise expressly stated, posted prices do not include taxes, shipping, handling, customs, or import charges.
Prices posted in our online store may be different from prices offered by third parties. We may offer promotions governed by separate terms. If there is a conflict between promotion terms 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 through our store. You agree to promptly update your account and other information (including your email address and payment details) so that we can complete transactions and contact you as needed.
You represent and warrant that: (i) the payment information you provide is true, correct, and complete; (ii) you are authorized to use the payment method; (iii) charges incurred will be honored by your payment provider; and (iv) you will pay all charges at the posted prices, including applicable taxes and shipping/handling charges.
SECTION 5 — SHIPPING AND DELIVERY (U.S. ONLY)
We currently ship within the United States only.
We are not liable for shipping and delivery delays. All delivery times are estimates only and are not guaranteed. We are not responsible for delays caused by shipping carriers or events outside our control.
Shipping timeframe notice: If we cannot ship within the timeframe stated on the Site (or within 30 days if no timeframe is stated), we will notify you and, when required, provide the option to consent to the delay or cancel for a refund of any unshipped items.
Unless otherwise required by law, title and risk of loss pass to you when we transfer products to the carrier.
SECTION 6 — INTELLECTUAL PROPERTY
Our Services, including but not limited to all trademarks, brands, text, displays, images, graphics, product reviews, video, and audio, and the design, selection, and arrangement thereof, are owned by Mend Outsiders, its affiliates, or licensors and are protected by U.S. and foreign intellectual property laws.
These Terms permit you to use the Services for your personal, non-commercial use only. You must 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.
Except as expressly provided herein, nothing in these Terms grants you any license or other rights under any patent, trademark, copyright, or other intellectual property of Mend Outsiders, Shopify, or any third party. Unauthorized use may violate federal and state laws. All rights not expressly granted are reserved by Mend Outsiders.
“Mend Outsiders” names, logos, product and service names, designs, and slogans are trademarks of Mend Outsiders or its licensors. Shopify’s name, logo, and related marks are trademarks of Shopify. All other marks are the property of their respective owners.
SECTION 7 — OPTIONAL TOOLS
You may be provided with access to customer tools offered by third parties as part of the Services, which we neither monitor nor control.
You acknowledge and agree that we provide access to such tools “as is” and “as available” without warranties, representations, or conditions of any kind and without endorsement. We shall have no liability arising from or relating to your use of optional third-party tools.
Any use by you of optional tools is entirely at your own risk and discretion, and you should ensure you are familiar with and approve of the terms on which tools are provided by relevant third-party provider(s).
We may offer new features through the Services in the future. Such features are part of the Services and subject to these Terms.
SECTION 8 — THIRD-PARTY LINKS
The Services may contain materials and links to websites provided or operated by third parties (including embedded third-party functionality). We are not responsible for evaluating the content or accuracy of third-party materials or websites. If you choose to access third-party sites, you do so at your own risk.
We are not liable for any harm or damages related to your access of third-party websites, or your purchase or use of any products, services, resources, or content on third-party websites. Complaints, claims, concerns, or questions regarding third-party products and services should be directed to the third party.
SECTION 9 — RELATIONSHIP WITH SHOPIFY
[NOTE TO MERCHANT: This section accurately characterizes Shopify’s relationship with your store and should not be removed or modified.]
Mend Outsiders is powered by Shopify, which enables us to provide the Services to you. However, any sales and purchases you make in our Store are made directly with Mend Outsiders. By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of any sales between you and Mend Outsiders, 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 from or related to your purchases and transactions with Mend Outsiders.
SECTION 10 — PRIVACY POLICY
All personal information we collect through the Services is subject to our Privacy Policy, which can be viewed here [LINK]. Because the Services are hosted by Shopify, Shopify collects and processes certain personal information about your access to and use of the Services to provide and improve the Services. Information you submit to the Services may be shared with Shopify and relevant third parties to provide services to you.
SECTION 11 — FEEDBACK
If you submit, upload, post, email, or otherwise transmit any ideas, suggestions, feedback, reviews, proposals, plans, 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 commercial use.
You represent and warrant that: (i) you own or have all necessary rights to the Feedback; (ii) you have disclosed any compensation or incentives received in connection with your submission of Feedback; and (iii) your Feedback will comply with these Terms.
We may, but have no obligation to, monitor, edit, or remove Feedback that we determine in our sole discretion violates these Terms or is otherwise unlawful or objectionable.
You agree that your Feedback will not violate any right of any third party, and will not contain unlawful, abusive, or obscene content, or contain any malware. You are solely responsible for any Feedback you make and its accuracy.
SECTION 12 — ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on or in the Services that contains typographical errors, inaccuracies, or omissions related to product descriptions, pricing, promotions, offers, shipping charges, transit times, and availability. We reserve the right to correct errors and to change or update information or cancel orders if any information is inaccurate at any time without prior notice (including after you submit an order).
SECTION 13 — PROHIBITED USES
You may access and use the Services for lawful purposes only. You may not access or use the Services, directly or indirectly, to: (a) violate any law; (b) infringe intellectual property rights; (c) harass, abuse, defame, intimidate, or harm others; (d) transmit false or misleading information; (e) transmit malware; (f) send spam or solicitations; (g) impersonate any person or entity; or (h) interfere with the security or proper functioning of the Services.
We reserve the right to suspend, disable, or terminate your access if we determine you have violated any part of these Terms.
SECTION 14 — TERMINATION
We may terminate these Terms or your access to the Services (or any part thereof) in our sole discretion at any time without notice. You will remain liable for all amounts due up to and including the date of termination.
The following sections will continue to apply after 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.
SECTION 15 — DISCLAIMER OF WARRANTIES
The information presented on or through the Services is made available solely for general information purposes. We do not warrant accuracy, completeness, or usefulness. Any reliance you place on such information is at your own risk.
EXCEPT AS EXPRESSLY STATED BY MEND OUTSIDERS, THE SERVICES AND ALL PRODUCTS OFFERED THROUGH THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT ANY WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE, AND NON-INFRINGEMENT, TO THE FULLEST EXTENT PERMITTED BY LAW. WE DO NOT GUARANTEE THAT YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW DISCLAIMERS, SO THE ABOVE MAY NOT APPLY TO YOU.
SECTION 16 — LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO CASE SHALL MEND OUTSIDERS, OUR PARTNERS, DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, SERVICE PROVIDERS OR LICENSORS, OR THOSE OF SHOPIFY AND ITS AFFILIATES, BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOST REVENUE, LOST SAVINGS, LOSS OF DATA, OR REPLACEMENT COSTS, ARISING FROM YOUR USE OF THE SERVICES OR PRODUCTS.
TO THE FULLEST EXTENT PERMITTED BY LAW, OUR TOTAL LIABILITY FOR ANY CLAIM ARISING OUT OF OR RELATING TO THE SERVICES OR PRODUCTS WILL NOT EXCEED THE AMOUNT YOU PAID FOR THE PRODUCT(S) GIVING RISE TO THE CLAIM.
SECTION 17 — INDEMNIFICATION
You agree to indemnify, defend, and hold harmless Mend Outsiders, Shopify, and our affiliates, partners, officers, directors, employees, agents, contractors, licensors, and service providers from any losses, damages, liabilities, or claims (including reasonable attorneys’ fees) arising out of: (1) your breach of these Terms; (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 will not relieve you of obligations unless you are materially prejudiced. We may control the defense and settlement of the claim at your expense, but will not settle any claim requiring non-monetary obligations from you without your consent (not to be unreasonably withheld). You will cooperate in the defense.
SECTION 18 — SEVERABILITY
If any provision of these Terms is determined to be unlawful, void, or unenforceable, that provision shall be enforceable to the fullest extent permitted by law, and the unenforceable portion shall be deemed severed without affecting the validity and enforceability of the remaining provisions.
SECTION 19 — WAIVER; ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms shall not constitute a waiver.
These Terms and any policies posted by us on the site (including our Privacy Policy and Refund Policy) constitute the entire agreement and understanding between you and us regarding the Services, superseding any prior agreements, communications, or proposals.
SECTION 20 — ASSIGNMENT
You may not delegate, transfer, or assign these Terms or your rights or obligations under these Terms without our prior written consent, and any attempt will be null and void. We may transfer, assign, or delegate these Terms and our rights and obligations without consent or notice to you.
SECTION 21 — GOVERNING LAW; VENUE
These Terms and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of the State of Utah, without regard to conflict-of-law principles.
You and Mend Outsiders consent to venue and personal jurisdiction in the state or federal courts located in Utah for any dispute arising out of or relating to these Terms, the Services, or any products purchased through the Services.
SECTION 22 — HEADINGS
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
SECTION 23 — ELECTRONIC COMMUNICATIONS
By using the Services or sending us emails, you consent to receive communications from us electronically. You agree that all agreements, notices, disclosures, and other communications we provide electronically satisfy any legal requirement that such communications be in writing.
SECTION 24 — FORCE MAJEURE
We will not be liable for any delay or failure to perform our obligations if such delay or failure results from events beyond our reasonable control, including but not limited to acts of God, natural disasters, labor disputes, interruptions of transportation, carrier delays, power/internet outages, war, terrorism, civil disturbances, or governmental actions.
SECTION 25 — 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, in our sole discretion, to update, change, or replace any part of these Terms by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of the Services following the posting of any changes constitutes acceptance of those changes.
SECTION 26 — CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at mendoutsiders@gmail.com.
Mend Outsiders LLC
Email: mendoutsiders@gmail.com