Terms of service

OVERVIEW

Welcome to Marvelous Miss McCray! The terms "we", "us" and "our" refer to Marvelous Miss McCray. Marvelous Miss McCray operates this shop and website, including all related information, content, features, tools, products and services, to provide you, the customer, with a personalized shopping experience (the "Services"). Marvelous Miss McCray is based on Shopify, which allows us to provide you with the services.

The following terms and conditions, together with the policies mentioned herein (these "Terms and Conditions" or "Terms") describe your rights and obligations when using the Services.

Please read these terms and conditions carefully as they contain important information about your legal rights and address issues such as warranty exclusions and limitations of liability.

By visiting, interacting with, or using our Services, you agree to these Terms and Conditions and Privacy Policy [LINK]. If you do not agree to these terms and conditions or the privacy policy, you may not use or access our services.

SECTION 1 – ACCESS AND ACCOUNT

By agreeing to these terms and conditions, you represent that you are of legal age in the state or region in which you reside and have given us your consent to allow your underage family members to use the Services on devices that belong to you, which you have purchased or that you manage.

In order to use the Services, including accessing or browsing our online shops or purchasing products or services we offer, you may be asked to provide certain information, such as your email address and billing, payment, and delivery information. You assure and declare that all information you provide in our shops is correct, up-to-date and complete and that you are fully entitled to submit this information.

You alone are responsible for the security of your account credentials and for all activity on your account. You may not transfer, sell, assign or license your account to any other person.

SECTION 2 – OUR PRODUCTS

We have strived to present our products and services in our online shops as accurately as possible. However, we would like to point out that colors or the appearance of the products may differ from the colors displayed on your screen due to the device you use to access the store as well as its settings and configuration.

We do not guarantee that the appearance or quality of the products or services purchased by you meet your expectations or coincide with the representations in our online shops.

All product descriptions are subject to change at any time without notice at our sole discretion. We reserve the right to remove products from the range at any time and to limit the quantities of products we offer to a person, in a geographical region or within a jurisdiction, from case to case.

Section 3 – ORDERS

With your order you make an offer to purchase. Marvelous Miss McCray reserves the right to accept or decline your order in its sole discretion for any reason. Your order is only considered accepted after confirmation by Marvelous Miss McCray. The prerequisite for the acceptance of your order is the receipt and processing of your payment. Please check your order carefully before submitting, as Marvelous Miss McCray may no longer be able to consider cancellation requests after acceptance of an order. If we do not accept, change or cancel an order, we will try to inform you via the e-mail address, billing address and/or telephone number provided when placing the order.

The return or exchange of your purchases will only be made in accordance with our right of withdrawal [LINK].

You warrant and represent that your purchases are intended for your personal use or use in your household and not for commercial resale or export.

SECTION 4 – PRICES AND INVOICING

Prices, discounts and special offers are subject to change without notice. The price charged for a product or service is the price valid at the time of the order and will be indicated in the order confirmation that you will receive by email. Unless expressly stated otherwise, the prices indicated do not include taxes, shipping, handling, customs or import fees.

The prices indicated in our online shops may differ from the prices in stationary stores or in online shops or other shops operated by third parties. We may from time to time offer promotions for the Services that may affect pricing and to which other terms and conditions other than these Terms apply. In the event of any discrepancy between the terms of a promotion and these terms and conditions, the terms of the promotion shall prevail.

You agree to provide current, complete and correct purchase, payment and account information for all purchases made in our shops. You agree to promptly update your account and other information, including your email address, credit card numbers, and expiration dates, so that we can complete your transactions and contact you if necessary.

You represent and represent that (i) the credit card information you provide is true, accurate and complete, (ii) you are entitled to use this credit card for the purchase, (iii) the costs incurred by you will be borne by your credit card company and (iv) you will pay the costs incurred by you at the prices indicated, including shipping and handling fees and any applicable taxes.

SECTION 5 – SHIPPING AND DELIVERY

We are not liable for shipping and delivery delays. All delivery times are estimates only and are not guaranteed. We are not responsible for any delays caused by shipping service providers, customs clearance or events beyond our control. Once we have handed over the products to the shipping service provider, the right of ownership and the risk of loss pass to you.

SECTION 6 – INTELLECTUAL PROPERTY

Our Services, including, but not limited to, all trademarks, texts, representations, images, graphics, product reviews, video and audio files, and their design, selection, and arrangement, are the property of Marvelous Miss McCray, its affiliates or licensors and are protected by U.S. and foreign patent, copyright and other intellectual property protection laws.

These Terms and Conditions allow you to use the Services solely for personal, non-commercial purposes. Without our prior written consent, you may not reproduce, distribute, modify, create, publicly exhibit, publicly exhibit, republish, download, store or transmit the material in the Services. Except as expressly provided herein, no provision of these Terms and Conditions grants you any license or other rights to patents, trademarks, copyrights or other intellectual property of Marvelous Miss McCray, Shopify or any third party, nor can such provision be derived from these Terms. Unauthorized use of the services may constitute a violation of federal and state intellectual property laws. All rights not expressly granted here remain Marvelous Miss McCray reserved.

The names, logos, product and service names, designs and slogans of Marvelous Miss McCray are trademarks of Marvelous Miss McCray or its affiliates or licensors. You may not use these trademarks without the prior written permission of Marvelous Miss McCray. 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 the trademarks of the respective rights holders.

SECTION 7 - OPTIONAL TOOLS

You may gain access to customer tools that are provided by third parties as part of the Services that we cannot monitor, control or influence.

You acknowledge and agree that we grant access to such tools "as is" and "as available" without any warranties, representations or conditions of any kind and without any approval. We disclaim any liability arising out of or in connection with the use of optional third-party tools.

The use of the optional tools offered via the website is exclusively at your own risk and at your own discretion. You are responsible for familiarizing yourself with and accepting the terms and conditions under which the tools are provided by the respective third parties.

We may also offer new features through the Services in the future (including the release of new tools and resources). Such new features are also considered part of the Services and are subject to these Terms and Conditions.

SECTION 8 – LINKS FROM THIRD PARTIES

The Services may include materials and hyperlinks to websites provided or operated by third parties (including all embedded third-party features). We are not responsible for reviewing or evaluating the content or accuracy of third-party materials or websites that you access, in your sole discretion. If you choose to leave the Services to access these materials or third-party websites, you do so at your own risk.

We are not liable for any damage or loss resulting from your access to third-party websites or from the purchase or use of products, services, resources or content on third-party websites. You should carefully review the policies and procedures of the third party and ensure that you understand them before performing a transaction. Complaints, claims, concerns, or questions about third-party products and services should be directed to the respective third-party provider.

SECTION 9 – RELATIONSHIP WITH SHOPIFY

[NOTE FOR MERCHANTS: This section precisely characterizes Shopify's relationship with your store and should not be removed or changed].

Marvelous Miss McCray is operated by Shopify, which allows us to provide you with the services. However, all sales and purchases you make in our store will be concluded directly with Marvelous Miss McCray. By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of the business between you and Marvelous Miss McCray, including injury, damage or loss arising from purchased products and services. You hereby expressly release Shopify and its affiliates from all liability for all claims, damages and liabilities arising out of or in connection with your purchases and transactions with Marvelous Miss McCray.

SECTION 10 – PRIVACY POLICY

All personal data we collect through the services is subject to our privacy policy, which can be viewed here [LINK]. In addition, certain personal data may be subject to Shopify's privacy policy, which can be viewed here. By using the Services, you confirm 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 in order to provide and improve the Services to you. Information you submit to the Services will be shared with Shopify and third-party providers that may be located in countries other than your country of residence in order to provide the Services to you. See our Privacy Policy [LINK] for more information about how we, Shopify and our partners use your personal data.

SECTION 11 – FEEDBACK

If you submit, upload, post, email, or otherwise submit ideas, suggestions, feedback, reviews, suggestions, plans, or other content (collectively, “Feedback”), you grant us an unlimited, worldwide, under-licensable, free license to use, reproduce, modify, publish, distribute, and display such feedback in any medium for any purpose, including commercial use. For example, we may use our rights under this License to operate, provide, evaluate, expand, improve and promote the Services and to fulfill our obligations and exercise our rights under the Terms and Conditions.

You further warrant and represent that: (i) you own all feedback content or have full rights to it; (ii) you have disclosed any remuneration or incentives you have received in connection with submitting your feedback; and (iii) your feedback complies with these Terms and Conditions. We are not obliged to (1) treat your feedback confidentially, (2) pay compensation for your feedback or (3) respond to your feedback.

We reserve the right, but are not obliged, to monitor, edit, or remove any feedback that we consider, in our sole discretion, to be unlawful, offensive, threatening, defamatory, defamatory, pornographic, obscene, or otherwise offensive, or that violates any of any party's intellectual property or these Terms and Conditions.

You warrant that your feedback does not infringe any rights of any third party, including copyrights, trademark rights, data protection rights, personal rights, or other personal or proprietary rights. You also warrant that your feedback does not contain defamatory or otherwise unlawful, offensive or obscene statements and is free of computer viruses or other malware that could interfere with the operation of the Services or any related website in any way. You may not use a false email address, pretend to be another person, or otherwise mislead us or any third party as to the origin of the feedback. You are solely responsible for your feedback and its accuracy. We assume no responsibility and liability for feedback published by you or a third party.

SECTION 12 – ERRORS, INACCURACIES AND OMISSIONS

Occasionally, information on or in the Services may contain misprints, inaccuracies, or omissions, which may relate to product descriptions, pricing, promotions, offers, product shipping costs, transit times, and availability. In the event of inaccurate information, we reserve the right to correct errors, inaccuracies or omissions, to change or update information or to cancel orders, at any time and without prior notice (even after you have sent your order).

SECTION 13 – PROHIBITED USES

You may only access and use the Services for lawful purposes. You may not directly or indirectly access or use the Services: (a) for any unlawful or malicious purpose; (b) to violate international, federal, provincial or government regulations, laws or local regulations; (c) to violate or violate our intellectual property rights or the intellectual property rights of others; (d) to harass, abuse, insult, hurt, defame, defame, denigrate, denigrate, intimidate or harm any of any of our employees or harm; (e) to provide false or misleading information; (f) to send, knowingly receive, upload, download, download, (G) to submit or arrange for the transmission of advertising or promotional materials, including “Junk Mail”, 'Chain Letters', “Spam” or other similar promotional measures; (h) to pretend to be or attempt to impersonate any other, or to be such, or (i) to exhibit any other conduct that may harm or impair, in our discretion, Marvelous Miss McCray, Shopify or Users of the Services.

In addition, you agree to refrain from: (a) uploading or transmitting viruses or other types of malicious code that in any way impair the functionality or operation of the Services; (b) duplicating, copying, selling, reselling or exploiting any part of the Services; (c) collecting or tracking the personal information of others; (d) engaging in spam, phishing, pharm, pretext, spider, crawl or scraping activity; or (e) interfering with the security features of the Services or any associated website, other website or the Internet. We reserve the right to suspend, deactivate or close your account at any time without notice if we determine that you have violated any part of these terms and conditions.

SECTION 14 – TERMINATION OF THE CONTRACTUAL RELATIONSHIP

We may terminate this Agreement or your access to the Services (or parts thereof) at any time in our sole discretion without notice. You remain liable for all amounts due up to the date of termination of the contract.

The following sections will continue to apply after termination of the contractual relationship: Intellectual Property, Feedback, Termination, Disclaimer, Limitation of Liability, Indemnification, Severability Clause, Disclaimer, Entire Agreement, Assignment, Applicable Law, Privacy Policy, and any other provisions that should, by their nature, survive termination.

SECTION 15 – WARRANTY DISCLAIMER

The information presented in or about the Services is for general information purposes only. We do not guarantee the correctness, completeness or usefulness of this information. If you rely on this information, it is at your own risk. We disclaim any liability and liability arising from the fact that you or other visitors to the Services or other persons who are informed of their content rely on these materials.

UNLESS EXPRESSLY STATED BY Marvelous Miss McCray, THE SERVICES AND ALL PRODUCTS OFFERED THROUGH THE SERVICES ARE MADE AVAILABLE FOR YOUR USE "AS IS" AND "AS AVAILABLE" FOR YOUR USE, WITHOUT ANY EXPRESS OR CONFIDENTIAL REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, INCLUDING ANY LATTERING WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANT QUALITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, PROPERTY AND NON-INFRINGEMENT OF RIGHTS. WE DO NOT GUARANTEE OR WARRANT THAT YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR FLAWLESS. ANY JURISDICTIONS RESTRICT OR DISCLAIMER LIABILITY FOR ANY OTHER WARRANTIES OR OTHER WARRANTIES, SO THE ABOVE STANDING DISCLAIMER MAY NOT APPLY TO YOU.

SECTION 16 – LIMITATION OF LIABILITY

TO THE EXTENT PERMITTED BY LAW, WE SHALL NOT BE LIABLE, OUR PARTNERS, DIRECTORS, DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, REPRESENTATIVES, CONTRACTORS, SERVICE PROVIDERS OR LICENSOR OR THOSE OF SHOPIFY AND ITS AFFILIATES FOR ANY INJURY, LOSS, CLAIMS OR DIRECT, INDIRECT, RANDOM, CRIMINAL, SPECIAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOST PROFITS, LOSS OF REVENUE, LOSS OF REVENUE, LOSS OF DATA, REPLACEMENT COSTS OR SIMILAR DAMAGES, WHETHER AS A RESULT OF A CONTRACT, AN UNLAWFUL ACT (INCLUDING NEGLIGENCE), NON-FAULT LIABILITY OR OTHERWISE ARISING OUT OF YOUR USE OF THE SERVICES OR PRODUCTS RELATED THROUGH THE SERVICES, OR FOR ANY OTHER CLAIMS THAT MAY BE CAUSED IN ANY WAY WITH YOUR USE OF THE SERVICES OR A PRODUCT, INCLUDING, BUT NOT LIMITED TO, ERRORS OR OMISSIONS IN CONTENT OR LOSSES OR DAMAGES OF ANY KIND ARISING OUT OF THE USE OF THE SERVICES OR THE CONTENT (OR PRODUCTS) PUBLISHED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICES, EVEN IF THE POSSIBILITY OF SUCH DAMAGES HAS BEEN IDENTIFIED.

SECTION 17 – COMPENSATION

You agree to indemnify, defend, and hold harmless Marvelous Miss McCray, Shopify and our affiliates, partners, officers, directors, employees, agents, contractors, licensors, and service providers against any loss, damages, liabilities, or claims, including reasonable attorneys' fees, payable to any third party arising out of (1) your breach of these Terms and conditions or the documents to which they refer, (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 all claims eligible for compensation, provided that failure to notify you immediately does not release you from your obligations, unless you are significantly disadvantaged by doing so. We may direct the defense and settlement of such a claim at your expense, including the choice of legal ad, but without your consent (which must not be unreasonably denied) will not settle a claim that requires non-monetary obligations from you. They cooperate in the defense of claims for damages, including by providing relevant documents.

SECTION 18 – SALVATORIAL CLAUSE

Should any provision of these General Terms and Conditions prove to be unlawful, void or unenforceable, this provision will nevertheless remain effective to the maximum extent permitted by law, and the unenforceable part shall be deemed to be separate from these terms and conditions. The validity and enforceability of the other provisions shall remain unaffected by such a statement.

SECTION 19 – WAIVER CLAUSE, ENTIRE AGREEMENT

Failure by us to exercise or enforce any right or provision of these Terms and Conditions does not constitute a waiver of that right or provision.

These Terms and Conditions and any policies or operating rules published by us on this website or in connection with the Service represent the entire agreement and agreement between you and us and govern your use of the Service. They replace all prior or concurrent agreements, communications and offers, whether oral or written, between you and us (including, but not limited to, previous versions of the Terms and Conditions).

Ambiguities in the interpretation of these General Terms and Conditions may not be interpreted against the party that has composed them.

SECTION 20 – ASSIGNMENT

You may not share, assign or assign this Agreement or your rights or obligations under these Terms and Conditions without our prior written consent, and any attempt to do so is null and void. We may assign, assign or delegate these terms and our rights and obligations to you without your consent or notice.

SECTION 21 – APPLICABLE LAW

These terms and conditions and any separate agreements under which we provide services to you are subject to the federal and state or territorial courts of the country in which Marvelous Miss McCray has its headquarters and will be interpreted accordingly. You and Marvelous Miss McCray agree to the place of jurisdiction and the personal jurisdiction of these courts.

SECTION 22 – HEADINGS

The headings used in this Agreement are for clarity only and have no effect on these Terms and Conditions.

SECTION 23 – CHANGES TO THE GENERAL TERMS AND CONDITIONS

You can view the current version of the General Terms and Conditions at any time on this page.

We reserve the right to update, change or replace parts of these Terms and Conditions in our sole discretion by posting updates and changes on our website. It is your responsibility to regularly check our website for changes. We will inform you of any material changes to these terms in accordance with applicable law. Such changes will take effect on the date indicated in the notice. By continuing to use or access the Services after the publication of any changes to these Terms and Conditions, you agree to such changes.

SECTION 24 – CONTACT INFORMATION

If you have any questions about the terms and conditions, please contact marvelous.ms.mccray@icloud.com.

Our contact information is listed below:

Marvelous Miss McCray

Keshia-Deniece Mamie McCray

Treptower Strasse 16, 12059 Berlin, Germany

Represented by:

Keshia-Deniece Mamie McCray

Contact:

Phone: +491603255703

Email: marvelous.ms.mccray@icloud.com

Economic identification number according to §139c of the Tax Code: DE453684557-00001

Tax no.: 16/254/01180