TERMS OF SERVICE

OVERVIEW

Welcome to Marbessa. Throughout this website, the terms “we,” “us,” and “our” refer to Marbessa. Marbessa operates this store and website, including all related information, content, features, tools, products, and services, to provide you, the customer, with a personalized shopping experience (the “Services”). Marbessa is powered by Shopify, which enables us to provide the Services to you.

The following Terms and Conditions, including all policies referenced herein (the “Terms of Service” or “Terms”), describe your rights and responsibilities when using the Services.

Please read these Terms of Service carefully, as they contain important information about your legal rights and address matters such as disclaimers and limitations of liability.

By accessing, interacting with, or using our Services, you agree to be bound by these Terms of Service and our Privacy Policy [LINK]. If you do not agree to these Terms of Service or the Privacy Policy, you may not access or use our Services.

ARTICLE 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, province, or country of residence, or that you have given us consent to allow any minor dependents to use the Services on devices you own or control.

To use the Services, including visiting or browsing our online store or purchasing products or services offered by us, we may ask you to provide certain information such as your email address and billing, payment, and shipping details. You represent and warrant that all information you provide in our store is accurate, current, and complete, and that you have all necessary rights to provide such information.

You are solely responsible for maintaining the confidentiality 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.

ARTICLE 2 – OUR PRODUCTS

We strive to display our products and services in our online store as accurately as possible. However, please note that the colors and appearance of products may vary depending on the device you use to view the store and the settings and configuration of that device.

We do not guarantee that the appearance or quality of any products or services purchased will meet your expectations or exactly match the images or descriptions shown in our store.

All product descriptions may be changed at any time without notice at our sole discretion. We reserve the right to discontinue any product at any time and to limit the quantities of products offered to any person, geographic region, or jurisdiction.

ARTICLE 3 – ORDERS

By placing an order, you are making an offer to purchase. Marbessa reserves the right to accept or refuse any order at its sole discretion and for any reason.

Your order is only considered accepted once it has been confirmed by Marbessa. Payment must be received and processed before your order is accepted.

Please review your order carefully before submitting it. Once your order has been accepted, we may not be able to accommodate cancellation requests.

If we cancel or modify an order, we will attempt to notify you by contacting the email address, billing address, or phone number provided during checkout.

Returns or exchanges are only accepted in accordance with our Refund Policy [LINK].

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

ARTICLE 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 stated in the order confirmation email.

Unless otherwise stated, prices displayed in our store do not include taxes, shipping costs, handling fees, customs duties, or import taxes.

Prices displayed in our online store may differ from prices offered in physical retail locations or other online stores operated by third parties.

We may occasionally offer promotions that may have separate terms and conditions. In the event of a conflict between promotional terms and these Terms of Service, the promotional terms will prevail.

You agree to provide current, complete, and accurate purchase and account information for all purchases made in our store. You agree to promptly update your account information, including email address and payment details, so we can complete transactions and contact you if necessary.

You represent and warrant that:

The payment information you provide is accurate and complete.
You are authorized to use the payment method provided.
Charges incurred will be honored by your payment provider.
You will pay all charges incurred at the listed prices, including shipping costs and applicable taxes where required.

ARTICLE 5 – SHIPPING AND DELIVERY

We are not responsible for delays in shipping or delivery. All delivery times provided are estimates and are not guaranteed.

We are not liable for delays caused by shipping carriers, customs clearance, or circumstances beyond our control.

Once products have been handed over to the shipping carrier, ownership and risk of loss pass to the customer.

ARTICLE 6 – INTELLECTUAL PROPERTY

All content within the Services, including but not limited to trademarks, brand names, text, graphics, images, videos, audio, product reviews, and website design, are the property of Marbessa, its affiliates, or licensors and are protected by intellectual property laws in the United States and other jurisdictions.

These Terms allow you to use the Services only for personal, non-commercial purposes.

You may not reproduce, distribute, modify, create derivative works from, publicly display, republish, download, store, or transmit any materials from our Services without prior written permission.

All rights not expressly granted in these Terms are reserved by Marbessa.

The names, logos, product names, service names, and slogans of Marbessa are trademarks of Marbessa or its licensors and may not be used without prior written permission.

Shopify trademarks remain the property of Shopify.

ARTICLE 7 – OPTIONAL TOOLS

We may provide access to third-party tools through our Services. These tools are provided “as is” and “as available” without warranties or conditions of any kind.

We have no control over these tools and accept no responsibility for their use.

Your use of any optional tools offered through the site is entirely at your own risk and discretion.

ARTICLE 8 – THIRD-PARTY LINKS

Our Services may contain links to third-party websites or resources.

We are not responsible for the content, accuracy, or practices of any third-party websites.

If you choose to leave our website and access third-party websites, you do so at your own risk.

ARTICLE 9 – RELATIONSHIP WITH SHOPIFY

Marbessa uses Shopify to power our online store and provide the Services.

However, all purchases and transactions made in our store are handled directly between you and Marbessa.

By using the Services, you acknowledge that Shopify is not responsible for any aspect of transactions between you and Marbessa, including product issues, losses, or damages.

You agree to release Shopify and its affiliates from any claims related to purchases made from Marbessa.

ARTICLE 10 – PRIVACY POLICY

All personal information collected through our Services is governed by our Privacy Policy [LINK].

Some information may also be subject to Shopify’s Privacy Policy.

By using the Services, you confirm that you have read these privacy policies.

Because our store is hosted by Shopify, Shopify may process certain personal data to operate and improve the Services.

ARTICLE 11 – FEEDBACK

If you submit feedback, suggestions, ideas, or reviews, you grant Marbessa a worldwide, perpetual, royalty-free license to use, reproduce, modify, publish, distribute, and display such content.

We are not obligated to keep feedback confidential or to compensate you for it.

You agree that your feedback does not violate any third-party rights or applicable laws.

ARTICLE 12 – ERRORS AND OMISSIONS

Occasionally there may be information on our website containing typographical errors, inaccuracies, or omissions relating to product descriptions, pricing, promotions, shipping charges, or availability.

We reserve the right to correct any errors and update information or cancel orders if any information is inaccurate.

ARTICLE 13 – PROHIBITED USE

You may not use the Services for unlawful purposes or to violate any laws or regulations.

You also agree not to:

Upload malicious software or viruses
Collect personal information from others
Send spam or fraudulent messages
Attempt to interfere with the security or functionality of the website

Violation of these Terms may result in termination of your access to the Services.

ARTICLE 14 – TERMINATION

We reserve the right to terminate or suspend access to the Services at any time without notice.

You remain responsible for any outstanding payments owed prior to termination.

ARTICLE 15 – DISCLAIMER OF WARRANTIES

The Services and all products provided through the Services are offered “as is” and “as available”, without warranties of any kind, either express or implied.

We do not guarantee that your use of the Services will be uninterrupted, secure, or error-free.

Some jurisdictions do not allow limitations on warranties, so certain limitations may not apply to you.

ARTICLE 16 – LIMITATION OF LIABILITY

To the fullest extent permitted by law, Marbessa and its affiliates shall not be liable for any direct, indirect, incidental, punitive, or consequential damages arising from your use of the Services or products purchased through the Services.

ARTICLE 17 – INDEMNIFICATION

You agree to indemnify and hold harmless Marbessa, Shopify, and their affiliates from any claims, damages, losses, or legal expenses arising from your violation of these Terms or your use of the Services.

ARTICLE 18 – SEVERABILITY

If any provision of these Terms is determined to be unlawful or unenforceable, the remaining provisions shall remain valid and enforceable.

ARTICLE 19 – ENTIRE AGREEMENT

These Terms of Service and any policies posted on this site constitute the entire agreement between you and Marbessa regarding the use of the Services.

ARTICLE 20 – ASSIGNMENT

You may not transfer or assign your rights under these Terms without our written consent.

We may transfer our rights and obligations under these Terms without restriction.

ARTICLE 21 – GOVERNING LAW

These Terms shall be governed by and interpreted in accordance with the laws of the jurisdiction in which Marbessa operates.

You agree to the jurisdiction of the courts in that jurisdiction.

ARTICLE 22 – HEADINGS

Section headings are included for convenience only and do not affect the interpretation of these Terms.

ARTICLE 23 – CHANGES TO TERMS

We reserve the right to update or modify these Terms of Service at any time.

The latest version will always be available on this page.

Your continued use of the Services after any updates constitutes acceptance of those changes.