Terms Of Service

 

1. Overview

Welcome to Merry & Mischief!

These Terms of Service govern your use of our website and the services we provide. Throughout these terms, the words "we", "us", and "our" refer to Merry & Mischief.

By visiting our website, browsing our products, or making a purchase, you agree to these Terms of Service and any policies referenced here.

If you do not agree with these terms, please do not use our website.

2. Eligibility and Use of Our Website

By using this website, you confirm that you are legally permitted to enter into a binding agreement in your jurisdiction, or that you have the necessary permission from a parent or legal guardian where required.

You agree not to use our website or products for any unlawful purpose.

You must not attempt to interfere with the operation or security of our website, introduce malicious code, or misuse our services.

3. Products and Availability

We aim to display our products, descriptions, images, and prices as accurately as possible.

However, colours and appearances may vary depending on your device, screen settings, lighting, and product manufacturing variations.

Product availability may change without notice. We reserve the right to discontinue products or limit quantities where reasonably necessary and permitted by law.

If a product becomes unavailable after you place an order, we will contact you regarding an appropriate resolution, which may include a refund where applicable.

4. Prices and Payments

All prices and applicable shipping charges will be displayed on our website or at checkout.

The currency displayed may depend on your location and our store settings. Your bank or payment provider may apply currency conversion fees or other charges.

Payment must be successfully authorised before an order can be processed.

We reserve the right to correct genuine pricing or listing errors, subject to applicable law. If an error affects an order you have placed, we will contact you to discuss an appropriate resolution rather than automatically assuming you agree to a revised price.

5. Orders and Acceptance

When you place an order, you are submitting a request to purchase the selected products.

An order confirmation email acknowledges receipt of your order but does not necessarily mean that the order has been accepted or dispatched.

We may need to decline or cancel an order in circumstances such as suspected fraud, payment issues, product unavailability, or an obvious listing error, where permitted by law.

If we cancel an order after payment has been received, we will arrange an appropriate refund where required.

6. Shipping and Delivery

We ship to selected destinations, depending on product availability and the shipping services available.

Processing times, estimated delivery times, shipping charges, and tracking arrangements are explained in our Shipping Policy or displayed on relevant product pages and at checkout.

Delivery estimates are not guaranteed. Delays may occur due to customs processing, weather, shipping carrier disruptions, public holidays, and other circumstances outside our reasonable control.

Some orders may arrive in separate packages if products are fulfilled from different locations.

Nothing in these terms removes our obligations regarding delivery or any rights you have under applicable consumer protection laws.

7. Returns, Refunds, and Consumer Rights

Our Refund and Returns Policy explains how to contact us about returns, refunds, damaged products, defective items, and incorrect orders.

Please review that policy before making a purchase.

Your rights may also be protected by consumer laws in your country or region. Nothing in these Terms of Service or our other policies excludes, restricts, or modifies any right or remedy that cannot legally be excluded, restricted, or modified.

8. Product Information and Safety

We make reasonable efforts to ensure product information is accurate and up to date.

Please read product descriptions, specifications, instructions, warnings, and age recommendations before using a product.

You are responsible for using products in accordance with their instructions and intended purpose.

If you have questions about a product's suitability or specifications, contact us before purchasing.

9. Third-Party Services

Our store operates using Shopify and may use other third-party services to support payments, order fulfilment, shipping, analytics, and customer support.

Third-party services may have their own terms and privacy policies.

We are not responsible for the independent policies of third-party services, but this does not remove any responsibility we have to you under applicable law.

10. Intellectual Property

Unless otherwise stated, the content on our website, including our branding, text, graphics, and original materials, is owned by or used under licence by Merry & Mischief.

You may not reproduce, distribute, modify, or commercially use our protected content without appropriate permission, except where permitted by law.

Product images and other materials supplied by manufacturers or third parties may remain the property of their respective owners.

11. Limitation of Liability

To the extent permitted by applicable law, we are not responsible for indirect or consequential losses arising from the use of our website or products.

Nothing in these terms excludes or limits liability that cannot legally be excluded or limited, including applicable consumer guarantees, statutory rights, or liability for matters that the law does not permit us to exclude.

12. Privacy

Your use of our website is also subject to our Privacy Policy, which explains how we collect, use, and disclose personal information.

Please review our Privacy Policy to understand our privacy practices.

13. Changes to These Terms

We may update these Terms of Service from time to time to reflect changes to our business, website, services, or legal obligations.

The latest version will be published on this page, with the updated date shown at the top.

Changes will apply from the date they are published, subject to applicable law. Any changes affecting an existing order will be handled in accordance with the terms and laws applicable to that transaction.

14. Governing Law

These Terms of Service are governed by the laws of New Zealand, except where applicable law requires otherwise.

Customers may have mandatory consumer rights under the laws of the country or region where they live. Nothing in this section removes those rights.

15. Contact Information

If you have questions about these Terms of Service, please contact us:

Merry & Mischief
Email: hello@merryandmischief.com