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Terms of Service

GENERAL CONDITIONS OF SALE AND USE

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GENERAL VIEW


1.1 We are mammish. The email address for contacting the site is contact@mammish.com.

If we need to contact you, we will do so by telephone or in writing to the email or postal address you have provided in your order.

The terms "in writing" or "in writing" in these terms and conditions include e-mails.


This website is operated by Mammish. Throughout the site, the terms "we", "us", "us" and "our" refer to Mammish. Mammish offers this website, 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.


By visiting this site and/or purchasing any of our products, you are participating in our "Service" and agreeing to be bound by the following terms and conditions ("Terms and Conditions", "Terms and Conditions"), including any additional terms, conditions and policies referenced and/or hyperlinked herein. These Terms and Conditions apply to all users of this site, including but not limited to users who browse the site, are vendors, customers, merchants and/or content contributors.

Please read these terms of sale and use carefully before accessing or using our website. By accessing or using any part of this site, you agree to be bound by these terms and conditions. If you do not agree to all of the terms and conditions of this agreement, you must not access the website or use the services offered on the website. If these terms and conditions are considered an offer, acceptance is expressly limited to these terms and conditions.

Any new features and tools added to this shop in the future will also be subject to these terms and conditions. You can view the most current version of the terms of use at any time on this page. We reserve the right to update, change or replace any part of these Terms of Sale and Use by posting updates and/or changes on our website. It is your responsibility to check this page regularly for changes. Your continued use of or access to the website following the posting of any changes constitutes your acceptance of those changes.

Our shop is hosted by Shopify Inc. They provide us with the e-commerce platform that allows us to sell our products and services to you.


SECTION 1 - TERMS OF USE OF OUR ONLINE SHOP

By agreeing to these terms of sale and use, you represent that you have reached the age of majority in your country, state or province of residence, and that you have given us your consent to allow any minor in your care to use this website.

You may not use our products for any illegal or unauthorised purpose, nor may you, by using the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).

You must not transmit any worms, viruses or other code of a destructive nature.

Any breach or violation of these Terms and Conditions will result in immediate termination of your Services.


SECTION 2 - TERMS AND CONDITIONS

We reserve the right to deny access to the Services to anyone at any time for any reason.

You understand that your content (excluding credit card information) may be transferred in unencrypted form, and this involves (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements for connecting networks or devices. Credit card information is always encrypted during transmission across networks.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service or use of the Service, or any access to the Service or contact on the website, through which the Service is provided, without our express prior written permission.

The headings used in this agreement are included for your convenience and shall not limit or affect these Terms.

ARTICLE 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

We make no representations about the accuracy, completeness or timeliness of the information available on this site. The content of this site is provided for informational purposes only and should not be relied upon as the sole source of information for making decisions without first consulting more accurate, complete and up-to-date sources of information. If you choose to rely on the content presented on this site, you do so at your own risk.

This site may contain certain past information. Such past information, by its nature, is not current and is provided for informational purposes only. We reserve the right to change the content of this site at any time, but we are under no obligation to update the information on our site. You agree that it is your responsibility to monitor changes to our site.


ARTICLE 4 - CHANGES TO SERVICE AND PRICES

Prices of our products are subject to change without notice.

We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice.

We will not be liable to you or any third party for any price change, suspension or discontinuance of the Service.


SECTION 5 - PRODUCTS OR SERVICES (where applicable)

Some products or services may be available exclusively online through our website. These products or services may be available in limited quantities and may only be returned or exchanged in accordance with our return policy.

We have made every effort to display as clearly as possible the colours and images of our products that appear in our shop. We cannot guarantee that your computer screen will display colours accurately.

We reserve the right, but are not obligated, to limit sales of our products or services to any person, geographic area 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 we offer. All product descriptions and prices are subject to change at any time without notice at our sole discretion. We reserve the right to discontinue offering any product at any time. Any offer of service or product made on this site is void where prohibited by law.

We do not warrant that the quality of any products, services, information or other goods obtained or purchased by you will meet your expectations or that any errors in the Service will be corrected.


SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION

We reserve the right to refuse any order you place with us. We may, in our sole discretion, reduce or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or from the same customer account, the same credit card, and/or orders using the same billing and/or shipping address. In the event that we modify an order or cancel an order, we may attempt to notify you by contacting you at the e-mail and/or billing address or telephone number provided at the time of order placement. We reserve the right to limit or prohibit orders that, in our judgment, may appear to us to be from dealers, resellers or distributors.

You agree to provide current, complete and accurate order and account information for all orders placed with us. You agree to promptly update your account and other information, such as your email address, credit card numbers and expiry dates, so that we can complete your transactions and contact you if necessary.

For more details, please see our returns policy.

SECTION 7 - OPTIONAL TOOLS

We may provide you with access to third party tools over which we have no control or influence.

You acknowledge and agree that we provide access to such tools on an "as is" and "as available" basis, without any warranties, representations or conditions of any kind and without any endorsement. We shall have no legal liability arising out of or relating to your use of such optional third party tools.

If you use optional tools offered on the Site, you do so at your own risk and discretion and you should consult the terms and conditions on which such tools are offered by the relevant third party provider(s).

We may also offer new services and/or features on our Site (including new tools and resources) in the future. These new features and services will also be subject to these Terms and Conditions.


SECTION 8 - THIRD PARTY LINKS

Some content, products and services available through our Service may include materials from third parties.

Third party links on this site may direct you to third party websites that are not affiliated with us. We are not obligated to review or evaluate the content or accuracy of these sites, and we do not warrant or assume any responsibility or liability for any content, website, product, service or other item accessible on or from such third-party sites.

We are not liable for any damages or injury related to the purchase or use of any goods, services, resources, content or any other transactions made in connection with such third-party websites. Please read the policies and practices of third parties carefully and make sure you understand them before entering into any transaction. Complaints, claims, concerns or questions regarding these third parties' products should be brought to their attention.


SECTION 9 - USER FEEDBACK, SUGGESTIONS AND OTHER SUBMISSIONS

If, at our request, you submit specific content (for example, to enter contests), or if, without our request, you submit creative ideas, suggestions, proposals, plans or other materials, whether online, by email, by mail or otherwise (collectively, "Feedback"), you grant us the right, at any time, and without limitation, to edit, copy, publish, distribute, translate and otherwise use in any medium any Feedback you submit to us. We are not and shall not be obligated to (1) maintain the confidentiality of any Feedback; (2) pay compensation to anyone for any Feedback provided; or (3) respond to Feedback.

We may, but are not obligated to, monitor, edit or remove content that we deem, in our sole discretion, to be illegal, offensive, threatening, abusive, defamatory, defamatory, pornographic, obscene or otherwise objectionable, or that infringes intellectual property or these Terms.

You agree to write comments that do not violate the rights of any third party, including copyright, trademark, privacy, personality or other personal or proprietary rights. You also agree that your comments will not contain any unlawful, libelous, defamatory, offensive or obscene material, or contain computer viruses or other malicious software that may in any way affect the operation of the Service or any associated website. You may not use a false e-mail address, pretend to be someone you are not, or attempt to mislead us and/or any third party as to the origin of your comments. You are fully responsible for all comments you post and for their accuracy. We assume no responsibility or liability for any comments posted by you or any other third party.


SECTION 10 - PERSONAL INFORMATION

The submission of your personal information on our shop is governed by our Privacy Policy. Click here to view our privacy policy.

SECTION 11 - ERRORS, INACCURACIES AND OMISSIONS

From time to time, there may be information on our site or the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping costs, delivery times 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 Service or any related website is inaccurate, at any time without notice (including after you have placed your order).

We have no obligation to update, modify or clarify any information on the Service or any associated website, including, but not limited to, pricing information, except as required by law. No update date defined on the Service or any associated website should be relied upon as a basis for concluding that information on the Service or any associated website has been modified or updated.

SECTION 12 - PROHIBITED USES

In addition to the prohibitions set forth in the Terms and Conditions of Use, you are prohibited from using the Site or its contents (a) for illegal purposes; (b) to induce others to perform or participate in illegal acts; (c) to violate any regional ordinance or any international, federal, provincial or state law, rule or regulation; (d) to infringe or violate our or any third party's intellectual property rights; (e) to harass, abuse, insult, injure, defame, libel, slander, disparage, intimidate or discriminate against any person on the basis of gender, sexual orientation, religion, ethnicity, race, age, national origin or disability; (f) submit false or misleading information; (g) upload or transmit viruses or any other type of malicious code that is or may be used to compromise the functionality or operation of the Service or any associated, independent or Internet website; (h) collect or track the personal information of others; (i) to spam, phish, hijack, extort information, browse, scan or scan the web (or any other resource); (j) for obscene or immoral purposes; or (k) to interfere with or circumvent the security measures of our Service, any other website or the Internet. We reserve the right to terminate your use of the Service or any related website for violating the prohibited uses.

SECTION 13 - DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

We do not warrant or represent 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 interrupt the Service for indefinite periods of time or terminate the Service at any time, without notice.

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 provided to you through the Service are (unless we expressly state otherwise) provided "as is" and "as available" for your use, without representation, warranty or condition of any kind, either express or implied, including all implied warranties of merchantability or merchantable quality, fitness for a particular purpose, durability, title and non-infringement.

In no event shall Mammish, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers and licensors be liable for any direct, indirect, incidental, punitive, special or consequential injury, loss, claim or damage of any kind, including, but not limited to, loss of profits, revenue, savings, data, replacement costs or similar damages, whether in contract, tort (including negligence), in contract, tort (including negligence), strict liability or otherwise, arising out of your use of any service or product on 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 your use of the Service or any content (or product) posted, transmitted or made available via the Service, even if you have been advised of the possibility of such claims arising. Because some states or jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, our liability shall be limited to the maximum extent permitted by law.




SECTION 14 - INDEMNIFICATION

You agree to indemnify, defend and hold harmless Mammish, 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 and Conditions or the documents referenced herein, or your violation of any law or the rights of a third-party.


SECTION 15 - SEVERABILITY

If any provision of these Terms and Conditions of Sale and Use shall be deemed unlawful, void or for any reason unenforceable, such provision shall nonetheless be enforced to the fullest extent permitted by law, and the unenforceable portion shall be deemed severed from these Terms and Conditions of Sale and Use, without such severance affecting the validity and enforceability of the remaining provisions.

 

ARTICLE 16 - TERMINATION

The obligations and liabilities incurred by the parties prior to the date of termination shall survive the termination of this Agreement for all purposes.

These Terms and Conditions are effective unless and until terminated by you or not. You may terminate these Terms and Conditions at any time by notifying us that you no longer wish to use our Services, or when you stop using our site.

If we determine, in our sole discretion, that you have been unsuccessful, or if we suspect that you have failed to comply with the terms of these Terms of Sale and Use, we may also terminate this agreement at any time without notice and you will remain liable for all sums due up to and including the date of termination, and/or we may deny you access to our Services (or any part thereof).


SECTION 17 - COMPLETENESS OF AGREEMENT

Our failure to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision.

These Terms and Conditions or any other policies or operating rules we post on this site or in connection with the Service constitute the entire agreement and understanding between you and us and govern your use of the Service, and supersede all prior and contemporaneous communications, proposals and agreements, oral or written, between you and us (including, but not limited to, any prior versions of the Terms and Conditions).

Any ambiguity in the interpretation of these Terms and Conditions shall not be construed to the detriment of the party who drafted them.


ARTICLE 18 - APPLICABLE LAW

These Terms and Conditions and any separate agreements whereby we provide services to you shall be governed by and construed in accordance with applicable law.


SECTION 19 - CHANGES TO THE TERMS AND CONDITIONS OF SALE AND USE

You can view the most current version of the Terms of Sale and Use at any time on this page.

We reserve the right, at our sole discretion, to update, modify or replace any part of these Terms and Conditions of Sale and Use by posting updates and changes on our site. It is your responsibility to check our site regularly for changes. Your continued use of or access to our site following the posting of any changes to these Terms and Conditions of Sale and Use constitutes your acceptance of those changes.


ARTICLE 20 - CONTACT DETAILS

Questions about the terms and conditions of sale and use should be sent to contact@mammish.com.



By consenting to SMS marketing from Mammish in the checkout process and by initializing a purchase or subscribing through our subscription tools, you agree to receive recurring text notifications (for your order, including abandoned payment reminders), text marketing offers and transactional texts, including review requests from us, even if your mobile number is registered on any state or federal do-not-call list. The frequency of messages varies. Consent is not a condition of purchase.
If you wish to unsubscribe from receiving marketing text messages and notifications, please reply with "STOP" to any mobile message we send you or use the unsubscribe link we provide within any of our messages. You understand and agree that alternative methods of unsubscribing, such as the use of alternative wording or requests, will not be considered a reasonable means of unsubscribing. We do not charge for the service, but you are responsible for all charges and fees associated with text messages imposed by your wireless carrier. Message and data rates may apply.
For any questions, please send a text message to HELP at the number from which you received the messages. You can also contact us at https://mammish.com/pages/contact for more information.
We have the right at any time to change any telephone number or short code we use to operate the service. You will be notified on such occasions. You agree that any message you send to a telephone number or short code that we have modified, including any STOP or HELP request, may not be received, and we will not be responsible for fulfilling requests made in such messages.
To the extent permitted by applicable law, you agree that we will not be liable for the failed, delayed or erroneous delivery of any information sent through the Service, for any errors in such information, and/or for any actions you may or may not take based on the information or the Service.

Your right to privacy is important to us. You can refer to our Privacy Policy https://mammish.com/pages/privacy-policy to determine how we collect and use your personal information.

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