Terms of service
TERMS OF SERVICE
OVERVIEW
Welcome to Modest Cotton House. The terms "we", "us" and "our" refer to Modest Cotton House. Modest Cotton House operates this store and website, including all related information, content, features, tools, products and services provided to you, the customer (the "Services"). Modest Cotton House is powered by Shopify, which enables us to provide the Services to you.
These Terms of Service, together with any policies referenced in them, describe your rights and responsibilities when you use the Services.
Please read these Terms of Service carefully, as they include 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 of Service or our Privacy Policy, you should not use or access our Services.
SECTION 1 - ACCESS AND ACCOUNT
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your province or territory 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 we offer, 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 responsible for maintaining the security of your account credentials and for all activity associated with 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, colors and product appearance may vary depending on your device, screen settings and other factors.
Product descriptions, availability and pricing may be changed or updated from time to time. We reserve the right to discontinue products or limit quantities available for purchase.
We do not guarantee that product colors will appear exactly as shown on your device.
SECTION 3 - ORDERS
When you place an order, you are making an offer to purchase the products in your order. Modest Cotton House reserves the right to accept or decline an order for reasonable business reasons, including product availability, pricing errors or suspected fraudulent activity.
Your order is not accepted until we confirm acceptance and receive payment.
Please review your order carefully before submitting it. We may be unable to accommodate cancellation requests after an order has been accepted or processing has begun.
If we do not accept, change or cancel an order, we will attempt to notify you using the contact information provided when the order was placed.
Purchases are subject to our Return Policy.
You agree that products purchased from Modest Cotton House are for personal or household use and are not intended for commercial resale.
SECTION 4 - PRICES AND BILLING
Prices, discounts and promotions may change from time to time. The price charged for a product will be the price displayed at the time the order is placed and will be shown in your order confirmation.
Applicable taxes and shipping charges will be shown at checkout.
You agree to provide current, complete and accurate billing, payment and account information for all purchases made through our store.
You represent that you are authorized to use the payment method provided for your purchase and agree to pay all charges, shipping costs and applicable taxes shown at checkout.
SECTION 5 - SHIPPING AND DELIVERY
Orders are shipped according to our Shipping Policy.
Delivery times are estimates only and are not guaranteed. Modest Cotton House is not responsible for delays caused by shipping carriers, weather, customs, incorrect shipping information or other circumstances outside our reasonable control.
Once an order has been handed to the shipping carrier, delays caused by the carrier are outside our control. We will reasonably assist customers with shipping issues when possible.
SECTION 6 - INTELLECTUAL PROPERTY
Our Services, including our trademarks, brand name, logo, text, images, graphics, product photographs, designs and other content, are owned by Modest Cotton House or our licensors and are protected by applicable intellectual property laws.
These Terms permit you to use the Services for your personal, non-commercial use only. You may not reproduce, distribute, modify, create derivative works of, publicly display, republish, download, store or transmit our content without our prior written permission, except as permitted by law.
Modest Cotton House's name, logo, product names, designs and slogans are the property of Modest Cotton House or our licensors and may not be used without prior written permission.
SECTION 7 - OPTIONAL TOOLS
We may provide access to third-party tools or services as part of our Services. These tools may be provided by third parties and may be subject to their own terms and conditions.
Any use of optional third-party tools is at your own discretion and subject to the applicable third-party terms.
We may introduce new features or tools in the future, which will also be subject to these Terms of Service.
SECTION 8 - THIRD-PARTY LINKS
Our Services may contain links to websites or services operated by third parties. We are not responsible for the content, accuracy, availability or practices of third-party websites.
If you choose to access a third-party website, you do so at your own risk. Any transactions or interactions with third parties are subject to the third party's own terms and policies.
SECTION 9 - RELATIONSHIP WITH SHOPIFY
Modest Cotton House is powered by Shopify, which enables us to provide the Services to you. However, purchases made through our store are transactions between you and Modest Cotton House.
Shopify is not responsible for the products sold by Modest Cotton House or for any aspect of transactions between you and Modest Cotton House.
SECTION 10 - PRIVACY
Your personal information is handled in accordance with our Privacy Policy.
Because our store is hosted by Shopify, Shopify may collect and process certain information about your access to and use of our Services. Information submitted through our store may be processed by Shopify and other service providers as necessary to provide the Services.
Please review our Privacy Policy for more information about how personal information is collected, used and shared.
SECTION 11 - FEEDBACK AND REVIEWS
If you submit reviews, comments, suggestions, photographs or other content to us, you grant Modest Cotton House a non-exclusive, royalty-free, worldwide license to use, reproduce, publish, display and distribute that content for the purposes of operating, promoting and improving our Services.
You represent that you have the right to submit the content and that it does not violate the rights of any third party or applicable law.
We may remove content that we reasonably believe is unlawful, offensive, misleading, inappropriate or otherwise violates these Terms.
SECTION 12 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally, information on our website may contain typographical errors, inaccuracies or omissions relating to product descriptions, pricing, promotions, shipping charges, availability or other information.
We reserve the right to correct errors, update information or cancel orders where information is inaccurate, including after an order has been submitted, subject to applicable law.
SECTION 13 - PROHIBITED USES
You may use our Services only for lawful purposes.
You may not use the Services to:
(a) violate any applicable law or regulation;
(b) infringe the intellectual property or other rights of Modest Cotton House or another person;
(c) transmit viruses, malware or other harmful code;
(d) interfere with the security or operation of our website;
(e) impersonate another person or provide false or misleading information;
(f) collect or misuse personal information belonging to others;
(g) engage in spam, phishing or other fraudulent activity; or
(h) interfere with another person's use or enjoyment of the Services.
We reserve the right to suspend or terminate access to our Services where we reasonably believe these Terms have been violated.
SECTION 14 - TERMINATION
We may suspend or terminate your access to the Services where permitted by law, including if you violate these Terms.
The provisions relating to intellectual property, feedback, disclaimers, limitations of liability, indemnification, governing law and any other provisions that by their nature should survive termination will continue to apply.
SECTION 15 - DISCLAIMER OF WARRANTIES
To the fullest extent permitted by applicable law, the Services are provided on an "as is" and "as available" basis.
We do not guarantee that the Services will always be available, uninterrupted, timely, secure or error-free.
Nothing in these Terms is intended to exclude or limit any rights, warranties or protections that cannot legally be excluded or limited under applicable Canadian or Ontario law.
SECTION 16 - LIMITATION OF LIABILITY
To the fullest extent permitted by applicable law, Modest Cotton House and its service providers will not be liable for indirect, incidental, special or consequential losses arising from your use of the Services or products purchased through the Services.
Nothing in these Terms limits or excludes liability that cannot legally be limited or excluded under applicable law.
SECTION 17 - INDEMNIFICATION
To the extent permitted by applicable law, you agree to indemnify and hold harmless Modest Cotton House and its service providers from claims, losses or expenses arising from your violation of these Terms or your unlawful use of the Services.
SECTION 18 - SEVERABILITY
If any provision of these Terms is found to be unlawful, void or unenforceable, that provision will be enforced to the fullest extent permitted by law and the remaining provisions will remain in effect.
SECTION 19 - WAIVER; ENTIRE AGREEMENT
These Terms of Service and the policies referenced in them constitute the entire agreement between you and Modest Cotton House regarding your use of the Services, subject to applicable law.
Our failure to enforce any provision of these Terms does not constitute a waiver of that provision.
SECTION 20 - ASSIGNMENT
You may not transfer or assign your rights or obligations under these Terms without our prior written consent, except where permitted by law.
Modest Cotton House may assign or transfer its rights and obligations under these Terms where permitted by law.
SECTION 21 - GOVERNING LAW
These Terms of Service and any separate agreements through which we provide Services are governed by the laws of the Province of Ontario and the federal laws of Canada applicable therein.
You and Modest Cotton House agree to the jurisdiction of the courts of Ontario, subject to any rights you may have under applicable consumer protection laws.
SECTION 22 - CHANGES TO THESE TERMS
You can review the most current version of the Terms of Service at any time on this page.
We may update, change or replace any part of these Terms by posting an updated version on our website. Any changes will be effective when posted unless otherwise required by law.
SECTION 23 - CONTACT INFORMATION
Questions about these Terms of Service can be sent to:
Modest Cotton House
Email: modestcottonhouse@gmail.com