Terms of service
OVERVIEW
Welcome to Montréal Moissanite! The terms “we,” “our,” and “us” refer to Montréal Moissanite. Montréal Moissanite operates this store and website, including all information, content, features, tools, products, and related services to provide you, as the customer, with a personalized shopping experience (the “Services”). Montréal Moissanite is a Shopify-powered store, which enables us to provide you with the Services.
The Terms and Conditions below, together with any policies referenced herein (the “Terms of Service” or “Terms”), describe your rights and responsibilities when you use the Services.
Please read these Terms of Service carefully, as they contain important information about your legal rights and address areas such as disclaimers and limitations of liability.
By visiting, interacting with, or using our Services, you agree to be bound by these Terms of Service and by our Privacy Policy [LINK]. If you do not agree to these Terms of Service or this Privacy Policy, you must not access or use 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 state or province of residence, and you consent to allow any minor dependents to use the Services on devices you own, purchase, or manage.
To use the Services, including to access or browse our online stores, or to purchase any of the products or services we offer, you may be required to provide certain information such as your email address and billing, payment, and shipping information. You represent and warrant that all information you provide in our stores is accurate, current, and complete, and that you have all necessary rights to provide such information.
You are solely responsible for maintaining the security of your account credentials and for all activities that occur 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 display as accurately as possible the products and services in our online stores. However, please note that product colors or appearance may vary from how they appear on your screen due to the type of device you use to access the store and your device settings and configuration.
We do not guarantee that the appearance or quality of any products or services you purchase will meet your expectations or will be the same as shown or described in our online stores.
All product descriptions 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 the quantities of any products 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. Montréal Moissanite reserves the right to accept or decline your order for any reason, at its discretion. Your order is not accepted until Montréal Moissanite confirms its acceptance. We must receive and process your payment before your order is accepted.
Please review your order carefully before submitting it, as Montréal Moissanite may not be able to accommodate cancellation requests after an order has been accepted. If we do not accept, modify, or cancel an order, we will attempt to notify you by contacting the email address, billing address, and/or phone number provided at the time the order was placed.
Purchases may be returned or exchanged only in accordance with our Refund Policy [LINK].
You represent and warrant that your purchases are for your personal or household use only and not for commercial resale or export.
SECTION 4 – PRICING AND BILLING
Prices, discounts, and promotions are subject to change without notice. The price charged for a product or service 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 stated, displayed prices do not include taxes, shipping and handling, customs, or import fees.
Prices displayed in our online stores may differ from prices offered in physical stores or in online stores or other outlets operated by third parties. From time to time, we may offer promotions that affect pricing and are governed by separate terms and conditions. If there is a conflict between the terms of a promotion and these Terms, the promotion terms will prevail.
You agree to provide current, complete, and accurate purchase, payment, and account information for all purchases made in our stores. You agree to promptly update your account and other information, including your email address, credit card numbers, and expiration dates, so we can complete transactions and contact you as needed.
You represent and warrant that: (i) the credit card information you provide is true, correct, and complete; (ii) you are duly authorized to use the credit card for the purchase; (iii) charges incurred by you will be honored by your credit card company; and (iv) you will pay the amounts incurred by you at the displayed prices, including shipping and handling charges and all applicable taxes, if any.
SECTION 5 – SHIPPING AND DELIVERY
We are not responsible for shipping or delivery delays. All shipping timelines are estimates and are not guaranteed. We are not responsible for delays caused by carriers, customs processing, or events beyond our control. Once we hand the products over to the carrier, title and risk of loss pass to you.
SECTION 6 – INTELLECTUAL PROPERTY
Our Services, including but not limited to all registered trademarks, trade names, text, displays, images, graphics, product reviews, video, and audio, and the design, selection, and arrangement thereof, are owned by Montréal Moissanite, its affiliates, or its licensors, and are protected by U.S. and foreign patent, copyright, and other intellectual property laws.
These Terms permit you to use the Services for personal, non-commercial purposes only. You must not reproduce, distribute, modify, create derivative works, publicly display, publicly perform, republish, download, store, or transmit any material from the Services without our prior written consent.
Except as expressly provided herein, nothing in these Terms grants or should be interpreted as granting you a license or other rights under any patent, trademark, copyright, or other intellectual property of Montréal Moissanite, Shopify, or any third party. Unauthorized use of the Services may violate federal and state intellectual property laws. All rights not expressly granted are reserved by Montréal Moissanite.
The names, logos, product and service names, designs, and slogans of Montréal Moissanite are trademarks of Montréal Moissanite or its affiliates or licensors. You must not use such trademarks without prior written permission. The name, logo, product and service names, designs, and slogans of Shopify are trademarks of Shopify. All other names, logos, product and service names, designs, and slogans on the Services are trademarks of their respective owners.
SECTION 7 – OPTIONAL TOOLS
You may have access to third-party customer tools as part of the Services that we do not monitor and over which we have no control or input.
You acknowledge and agree that we provide access to such tools “as is” and “as available,” without any warranties, representations, or conditions of any kind, and without any endorsement. We are not liable for any harm arising from or related to your use of optional third-party tools.
Any use by you of optional tools offered through the site is entirely at your own risk and discretion, and you should ensure you understand and approve the terms under which such tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new features through the Services (including the release of new tools and resources). Such new features will also be considered part of the Services and will be subject to these Terms of Service.
SECTION 8 – THIRD-PARTY LINKS
The Services may contain materials and hyperlinks to websites provided or operated by third parties (including any integrated third-party features). We are not responsible for examining or evaluating the content or accuracy of third-party materials or websites you choose to access. If you decide to leave the Services to access third-party materials or websites, you do so at your own risk.
We are not responsible for any harm or damages related to your access to third-party websites, or your purchase or use of products, services, resources, or content from third-party websites. Please review third-party policies and practices carefully and make sure you understand them before engaging in any transaction. Complaints, claims, concerns, or questions regarding third-party products and services should be directed to the third party.
SECTION 9 – RELATIONSHIP WITH SHOPIFY
Montréal Moissanite is powered by Shopify, which enables us to provide the Services. However, the sales and purchases you make in our store are made directly with Montréal Moissanite. By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of the sales between you and Montréal Moissanite, including any injury, damage, or loss resulting from products and services purchased. You expressly release Shopify and its affiliates from any claims, damages, and liabilities arising from or related to your purchases and transactions with Montréal Moissanite.
SECTION 10 – PRIVACY POLICY
All personal information we collect through the Services is subject to our Privacy Policy, available here [LINK], and some personal information may be subject to Shopify’s Privacy Policy, available here. By using the Services, you acknowledge that you have read these privacy policies.
Because the Services are hosted by Shopify, Shopify collects and processes personal information about your access to and use of the Services to provide and improve the Services. Information you submit through the Services will be transmitted to and shared with Shopify and with third parties who may be located in countries other than your country of residence, in order to provide you with services. See our Privacy Policy [LINK] for more details about how we, Shopify, and our partners use your personal information.
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, fully royalty-free license to use, reproduce, modify, publish, distribute, and display such Feedback in any media and for any purpose, including commercial purposes.
You also represent and warrant that: (i) you own or have all necessary rights to the Feedback; (ii) you have disclosed any compensation or incentive received in connection with submitting Feedback; and (iii) your Feedback will comply with these Terms. We have no obligation to (1) keep Feedback confidential; (2) pay compensation for Feedback; or (3) respond to Feedback.
We may, but are not obligated to, monitor, edit, or remove Feedback that we determine, in our sole discretion, to be unlawful, offensive, threatening, defamatory, pornographic, obscene, or otherwise objectionable, or that violates any party’s intellectual property or these Terms.
You agree that your Feedback will not violate any third-party rights, including copyright, trademark, privacy, publicity, or other personal or proprietary rights. You further agree that your Feedback will not contain defamatory or otherwise unlawful, abusive, or obscene material, or any computer viruses or other malware that could affect the operation of the Services or any related website. You may not use a false email address, pretend to be someone other than yourself, or otherwise mislead us or third parties as to the origin of any Feedback. You are solely responsible for any Feedback you make and its accuracy. We assume no liability for Feedback posted by you or by any third party.
SECTION 12 – ERRORS, INACCURACIES, AND OMISSIONS
Occasionally, information on or in the Services may contain typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, 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 is inaccurate at any time without prior notice (including after you have submitted your order).
SECTION 13 – PROHIBITED USES
You may access and use the Services only for lawful purposes. You may not access or use the Services, directly or indirectly: (a) for any unlawful or malicious purpose; (b) to violate any international, federal, provincial/state, or local laws, regulations, rules, or ordinances; (c) to infringe or violate our intellectual property rights or those of others; (d) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or injure any of our employees or any other person; (e) to submit false or misleading information; (f) to upload or transmit material that does not comply with these Terms; (g) to send any advertising or promotional material, including “junk mail,” “chain letters,” “spam,” or similar solicitation; (h) to impersonate or attempt to impersonate any person or entity; or (i) to engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Services or that, in our judgment, may harm Montréal Moissanite, Shopify, or users of the Services, or expose them to liability.
In addition, you agree not to: (a) upload or transmit viruses or any other malicious code that will or may be used in a way that affects the functionality or operation of the Services; (b) reproduce, duplicate, copy, sell, resell, or exploit any portion of the Services; (c) collect or track personal information of others; (d) spam, phish, pharm, pretext, spider, crawl, or scrape; or (e) interfere with or circumvent the security features of the Services or any related website, other websites, or the Internet.
We reserve the right to suspend, disable, or terminate your account at any time, without notice, if we believe you have violated any part of these Terms.
SECTION 14 – TERMINATION
We may terminate this agreement or your access to the Services (or any part thereof) at our sole discretion, at any time and without notice, and you will remain liable for all amounts due up to and including the date of termination.
The following sections will survive 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 which by their nature should survive termination.
SECTION 15 – DISCLAIMER OF WARRANTIES
Information presented on or through the Services is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of such information. Any reliance you place on such information is strictly