Terms of Service

WHO WE ARE

We are MACAHO ("we", "us", "MACAHO"), an accessories label based in Canada.

OVERVIEW

Welcome to SHOPMACAHO and thank you for visiting our website! This Website is operated by MACAHO. Throughout the Website, the terms “we”, “us” and “our” refer to MACAHO. MACAHO reserves the right to modify these T&Cs at any time without prior notification. Website users should review this page periodically for updates and must agree upon and abide by any changes accordingly. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, these “Terms of Service”), govern your access to and use of https://shopmacaho.com, including our newsletter and any other content, functionality and services offered on or through https://shopmacaho.com (the “Website”), whether as a guest or a registered user. By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.

Please read these Terms of Service carefully before accessing or using our Website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services.

Any new features or tools which are added to the current store shall also be subject 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 to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes.

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

SECTION 1 - ACCESSING THE WEBSITE

We reserve the right to withdraw or amend the Website, and any service or material we provide on or through the Website, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website, or the entire Website, to users, including registered users.

To access the Website or some of the resources it offers (for example, our newsletter), you may be asked to provide certain registration details or other information. It is a condition of your use of the Website that all the information you provide on the Website is correct, current and complete. You warrant that you are 18 years of age or older in order to access and/or use the Website. You shall be solely responsible for your access to and/or use of the Website and its materials herein. You agree that all information you provide to register with the Website or otherwise, including but not limited to through the use of any interactive features on the Website, is governed by our Privacy Policy.

If you choose, or are provided with, a user name, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to the Website or portions of it using your user name, password or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.

We have the right to disable any user name, password or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Service.

SECTION 2 - PROHIBITED ACTIVITIES

You are prohibited from using the Website or its content:

• for any unlawful purpose;
• to solicit others to perform or participate in any unlawful acts;
• to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances;
• to infringe upon or violate our intellectual property rights or the intellectual property rights of others;
• to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability;
• to submit false or misleading information;
• 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;
• to collect or track the personal information of others;
• to spam, phish, pharm, pretext, spider, crawl, or scrape;
• for any obscene or immoral purpose; or
• 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.

SECTION 3 - INTELLECTUAL PROPERTY RIGHT

MACAHO is the owner or the licensee of all intellectual property rights in and to the content on the Website, and in the material published on it. You may not copy, reproduce, modify, republish, upload, post, transmit, adapt, download, distribute or howsoever deal with any content or material from the Website in any form or by any means without MACAHO's prior written permission, and you are solely responsible for obtaining such permission before dealing with any content or material that is available on the Website. If you wish to make any use of material on or from the Website (including, without limitation, from our newsletter) other than that set out in this section, please address your request to: info@shopmacaho.com.

These Terms of Use permit you to use the Website for your personal, non-commercial use only. You must not access or use for any commercial purposes any part of the Website or any services or materials available through the Website.

The Website and its entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video, and the design, selection and arrangement thereof), are owned by the Company, its licensors or other providers of such material and are protected by international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.

SECTION 4 - PERSONAL INFORMATION

We may collect, use and disclose personal data that you provide to us to supply the product to you, process your payment for the product, to send you newsletters (if you have subscribed to our mailing list), and other specified purposes. Please refer to our Privacy Policy for further details.

SECTION 5 - USER CONTRIBUTIONS

All User Contributions must comply with the Content Standards set out in these Terms of Service.

Any User Contribution you post to the site will be considered non-confidential and non-proprietary. By providing any User Contribution on the Website, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors and assigns the right to use, reproduce, modify, perform, display, distribute and otherwise disclose to third parties any such material for any purpose.

You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not the Company, have full responsibility for such content, including its legality, reliability, accuracy and appropriateness.

We are not responsible, or liable to any third party, for the content or accuracy of any User Contributions posted by you or any other user of the Website.

If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation:

• to maintain any comments in confidence;
• to pay compensation for any comments; or
• to respond to any comments.

You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality 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 Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

SECTION 6 - LINKING TO THIRD PARTY WEBSITE

You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part without our express written consent. You agree to cooperate with us in causing any unauthorized framing or linking immediately to cease. We reserve the right to withdraw linking permission without notice. We may disable all or any social media features and any links at any time without notice at our discretion.

Certain content, products and services available via 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 responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.

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. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

SECTION 7 - TERMINATION

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.

We will determine in our sole discretion whether there has been a breach of these Terms of Service through your use and/or access of the Website. When a breach of these Terms of Service occurs, we may take such action as we deem appropriate, including immediate, temporary or permanent withdrawal of your right to use and/or access the Website; issuing a warning to you; commencing legal proceedings against you for loss resulting from your breach; and disclosure to law enforcement authorities of such information as we reasonably deem necessary. You will remain liable for all amounts due up to and including the date of termination. We exclude liability for any actions taken in response to breaches of these Terms of Service. The responses described above are not exhaustive, and we may take any other action we reasonably deem appropriate.

SECTION 8 - WARRANTIES AND LIABILITY

The Website, its services and all information provided herein are provided on an “as is” and “as available” basis without warranties of any kind, either expressed or implied, other than those imposed by law, including but not limited to warranties of title or implied warranties of merchantability, satisfactory quality, fitness for a particular purpose or non-infringement. Without limiting the generality of the foregoing, we expressly disclaim any warranty, condition, guarantee, term or representation (i) as to the reliability, accuracy, completeness, and validity of any content or material on the Site; (ii) that the functions contained on the Site will be secure, uninterrupted or error-free; and (iii) that any defects will be corrected. Any and all such warranties, conditions, terms and representations are specifically excluded. We assume no responsibility for errors or omissions in the materials on the Website, including factual or other inaccuracies or typographical errors. You expressly agree that your use and/or access of the Website is at your sole risk. Without prejudice to the generality of the foregoing, we expressly disclaim any and all liability arising from life or wear of any product or that it will be suitable for any particular purpose or use under any specific conditions, notwithstanding that such purpose or conditions may be known or made known to MACAHO; improper remedy of defective products, alteration of the products, unsuitable or improper use, willful damage, negligence, or other misuse of the products, as well as fair wear and tear, by you or any third party; third party claims, whether directly or indirectly caused by, or relating to, the content of our Site and the products purchased on or through our Website; and any warranties provided under these T&Cs if the total price for the product has not been paid in cleared funds by the due date for payment. You further acknowledge and agree that your access and use of the Website is dependent on third party service providers such as internet, network, connectivity or other link providers. Your payment for any product purchased from the Website is processed by third party payment system providers and MACAHO does not retain or process any such payment information. MACAHO cannot guarantee the security of such third party payment system(s) or any payment data on the Website, MACAHO is not responsible for any acts or omissions of any third parties and disclaims any and all liability in connection with the acts, omissions or defaults of such third parties. Without prejudice to the generality of the foregoing, MACAHO is not responsible for the results of any credit inquiry, the availability or performance of the Internet, your connection to the Internet or the actions or inaction of any other person or entity, including any internet service provider. By using the Website, you expressly relieve MACAHO from any and all liability in connection with the acts, omissions or defaults of such third parties. To the extent that any exclusion of liability under these T&Cs is not permitted by law, the aggregate cumulative liability of MACAHO and our affiliates under any order shall in any event not exceed the sum that you have paid to us for the sale of products under that order. 

SECTION 9 -  INDEMNIFICATION

You agree to defend, indemnify and hold harmless the Company, its affiliates, licensors and service providers, and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms of Use or your use of the Website, including, but not limited to, your User Contributions, any use of the Website's content, services and products other than as expressly authorized in these Terms of Use or your use of any information obtained from the Website.

SECTION 10 - ORDERS AND PAYMENTS

You may place an order with us by completing and submitting the order form on the Website. You shall be responsible for ensuring the accuracy of all orders. All orders will be deemed to be irrevocable and unconditional upon transmission through the Website, and we shall be entitled, but not obliged, to process such order(s) without your further consent and any further reference or notice to you. We reserve the right to accept or decline any and all orders received from or through the Website in our sole and absolute discretion. Our acceptance of your order will take place when a confirmation email together with an assigned order number is sent to your registered email address with us, at which point a contract will come into existence between you and us. Each fully-paid order accepted by us shall constitute a separate and individual contract governed by these Terms of Service. If we are unable to process your order, we will inform you of this. This might arise because the product is out of stock; because of unexpected limits on our resources for which we could not reasonably plan; because a credit reference we have obtained for you does not meet our minimum requirements; because we have identified an error in the price or description of the product; or because we are unable to meet a delivery deadline you have specified. The price payable by you for the product shall be the price of the product listed for sale as stated on the Site at the time your order is transmitted to us through the Website. We reserve the right to amend the price of any product at any time without giving any reason or prior notice. Please complete payment within forty eight hours from the time your order was placed. All unpaid orders after this payment time-frame will be cancelled automatically. In the event that any Product has been mispriced on the Website, we reserve the right to terminate the order and notify you of such termination, regardless of whether or not the products have been dispatched or are in transit and whether payment has been charged to you. 

SECTION 11 - PRODUCTS & SERVICES

We do our best to be as accurate as reasonably possible in our descriptions of products available for purchase through the Website. The images of the products on our Site are for illustrative purposes only. Colors may appear slightly different in reality due to studio lighting conditions, or variances in computer screen calibration. We do not warrant that product descriptions or other content on the Site are accurate, complete, reliable, current, or error-free. Minor variations in measurement are not considered a defect. Our jewelry are gold plated and rhodium plated, which means they will eventually experience oxidation and tarnish due to several factors such as coming into contact with moisture, air and chemicals. Oxidation of our jewelry is inevitable over time and this is a natural occurring process that cannot be considered as a fault in our jewelry. Please take the time to read our care instructions to ensure your jewelry last longer.

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 anytime 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. 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.

SECTION 12 - RETURNS, EXCHANGES AND REFUNDS

All sales are final. However, in the unlikely event that you receive a defective item or an item that does not match your order, an exchange or refund will be offered. Return shipping fees will be refunded for items acknowledged to be defective or incorrect. Before returning your items, kindly email us at info@shopmacaho.com with your order number, a photo of the received item and the reason for return. Please allow 1-3 business days for us to process your request. Upon receiving an acknowledgement email from us with instructions for the return, the item(s) should be sent back to us using a shipping method that allows tracking.

Returns must be unused, unaltered, undamaged, accompanied with their original packaging and reach us within 30 days from the date of receiving your parcel. Returns that are received in unsatisfactory conditions or lost in the mailing process will be denied and held responsible by the customer. If you return an item that does not meet the requirements set out above, MACAHO reserves the right to reject the return and any request for a refund.

In the case of missing or lost parcels, refunds will only be processed upon official confirmation from the shipping company.

Notwithstanding anything to the contrary, MACAHO shall only accept returns and grant replacements and refunds on the condition that the items being returned, replaced or refunded were purchased from the Website.

SECTION 13 - DELIVERY & BOUNCED PARCEL

The cost of shipping and the estimated delivery time of your order will be displayed to you on our Website at the point of checkout. In the case of any delay in processing your order, we will notify you accordingly and the items will be dispatched once available. The time for delivery shall not be of the essence, and neither we nor our agents shall be liable for any delay in delivery howsoever caused. We are not responsible for unanticipated delays due to bad weather conditions or customs clearance procedures. Any customs duties or taxes that may incur as deemed by your country's legal regulations shall be borne by the customer.

In the event of a bounced parcel or unsuccessful delivery due to reasons not caused by us, we may, without prejudice to any other right or remedy available to us, charge you for storage costs and any further delivery costs, or terminate your order if you repeatedly fail to take delivery of the product.

SECTION 14 - RESPONSIBILITY FOR THE PRODUCT

The product will be your responsibility from the time we deliver the product to the address you specified. You own the Product which is the subject of your order once we have received payment in full for your order.

SECTION 15 - MODIFICATION TO THE SERVICES AND PRICES

Prices for 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 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.

SECTION 16 - RELIANCE ON INFORMATION PROVIDED

The information presented on or through the Website is made available solely for general information purposes. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents.

The Website may include content provided by third parties, including materials provided by other users, bloggers and third-party licensors, syndicators, aggregators and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by the Company, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the Company. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.

SECTION 17 - ERROR, INACCURACIES AND OMISSIONS

Occasionally there may be information on our Website or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit 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 in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

SECTION 18 - WAIVER AND SEVERABILITY

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.

SECTION 19 - LIMITATION ON TIME TO FILE CLAIMS

Any cause of action or claim you may have arising out of or relating to these Terms of Service or the Website must be commenced within one (1) year after the cause of action accrues, otherwise, such cause of action or claim is permanently barred.

SECTION 20 - ENTIRE AGREEMENT

The Terms of Service and our Privacy Policy constitute the sole and entire agreement between you and our Company with respect to the Website and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Website.

SECTION 21 - GOVERNING LAW

These Terms of Service and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of Canada. Any claim or dispute arising out of or relating to these T&Cs and/or your access to and/or use of the Website which cannot be resolved through negotiation will be subject to the non-exclusive jurisdiction of the courts of Canada.

YOUR COMMENTS

All questions, feedback, comments, requests for technical support and other communications relating to the Website should be directed to: info@shopmacaho.com.