These Terms of Use ('Agreement') constitute a legally binding agreement between you ('User,' 'you,' or 'your') and Modystic.com ('Company,' 'we,' 'our,' or 'us'), a company located in Columbus, Ohio, Franklin County, United States. By accessing and using the website Modystic.com ('Site'), you agree to be bound by the terms and conditions set forth in this Agreement. If you do not agree to these terms, you must immediately cease using the Site.
Effective Date: February 1, 2025
1. Acceptance of Terms
By accessing or using the Site, you agree to comply with and be bound by this Agreement, our Privacy Policy, Cookie Policy, and any other policies or notices posted on the Site. If you do not agree with any part of this Agreement, you must discontinue your use of the Site.
2. Modification of Terms
We reserve the right to modify, update, or revise this Agreement at any time. Any changes will be posted on this page with an updated 'Effective Date.' By continuing to use the Site after such changes are made, you agree to be bound by the revised terms. You are encouraged to review this Agreement periodically.
3. Access to the Site
- You must be at least 18 years of age to use the Site and make purchases. If you are under 18, you must have the consent of a parent or guardian to access and use the Site.
- We reserve the right to refuse service, terminate accounts, or limit access to the Site at our discretion.
4. Account Registration and Responsibilities
- To make purchases, you may be required to create an account. You agree to provide accurate and up-to-date information during the registration process and to maintain the accuracy of your account information.
- You are responsible for maintaining the confidentiality of your account credentials, including your username and password. You agree to notify us immediately if you believe your account has been compromised.
5. Use of Site
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You agree to use the Site for lawful purposes only and not for any unlawful or prohibited activities. You are prohibited from:
- Violating any applicable local, state, or national laws or regulations.
- Engaging in fraud, abuse, or illegal activity.
- Interfering with or disrupting the functionality of the Site or its servers and networks.
- Attempting to gain unauthorized access to any part of the Site or other user accounts.
- Intellectual Property: All content on the Site, including but not limited to text, images, logos, software, and trademarks, is the property of Modystic.com or its licensors and is protected by intellectual property laws. You may not use any content from the Site for commercial purposes without express written consent from Modystic.com.
6. Products and Purchases
- Product Availability: The products available for purchase on the Site are subject to availability and may be modified or discontinued at any time without notice.
- Pricing: All prices are listed in U.S. dollars and are subject to change without prior notice. The final price may include applicable taxes, shipping, and handling fees.
- Payment Methods: We accept various payment methods as specified on the Site. All payments must be made at the time of purchase, and your order will only be confirmed after payment is successfully processed.
7. Shipping and Delivery
- Shipping: Shipping terms and delivery options are specified at the time of purchase. Delivery times are estimated but are not guaranteed.
- Risk of Loss: Any risk of loss or damage to the product passes to you once the product is delivered.
8. Returns, Exchanges, and Refunds
- Return Policy: All returns, exchanges, and refunds are subject to the Return Policy found on the Site. Returns must be made within the specified time frames, and certain products may be excluded from return eligibility (e.g., Final Sale items).
- Refund Method: Refunds will be issued to the original payment method used at the time of purchase unless otherwise requested by the customer to be issued as an E-gift card. If store gift cards were used in the original purchase, any refunds will be issued as an E-gift card from Modystic.com.
- Return Process: Customers must follow the return process outlined on the Site. This includes providing the Order ID, email address, and product images for review. The customer is responsible for return shipping costs unless otherwise specified.
9. User Content
- You may submit content to the Site, including reviews, feedback, and other user-generated material. By submitting such content, you grant Modystic.com a perpetual, royalty-free, transferable, and sublicensable license to use, display, and distribute the content.
- You are solely responsible for the content you submit. You agree not to submit content that violates any laws, infringes on intellectual property rights, or is harmful, defamatory, or obscene.
10. Privacy and Cookie Policy
- Privacy Policy: Your use of the Site is governed by our Privacy Policy, which explains how we collect, use, and protect your personal information.
- Cookie Policy: By using the Site, you consent to the use of cookies as described in our Cookie Policy.
11. Limitation of Liability
- Modystic.com and its affiliates, officers, directors, employees, agents, and suppliers are not liable for any indirect, incidental, special, punitive, or consequential damages arising from your use of the Site, including, but not limited to, loss of data, profits, or goodwill.
- Our total liability, if any, will be limited to the amount you paid for the product that gave rise to the claim.
12. Indemnification
- You agree to indemnify, defend, and hold harmless Modystic.com, its affiliates, officers, directors, employees, agents, and third-party service providers from and against any claims, liabilities, damages, losses, costs, and expenses arising from your use of the Site or your violation of these Terms of Use.
13. Governing Law and Dispute Resolution
- This Agreement shall be governed by and construed in accordance with the laws of the State of Ohio, Franklin County, United States, without regard to its conflict of law principles.
- Any disputes arising from this Agreement shall be resolved exclusively in the courts located in Franklin County, Ohio. By using the Site, you consent to the jurisdiction of these courts.
14. Termination
- Modystic.com may suspend or terminate your access to the Site at any time, with or without cause, and without notice. Upon termination, all rights granted to you under this Agreement shall immediately cease.
15. Entire Agreement
- This Agreement, along with our Privacy Policy, Cookie Policy, and any other terms or conditions referenced herein, constitutes the entire agreement between you and Modystic.com regarding your use of the Site.
By accessing or using Modystic.com, you acknowledge that you have read, understood, and agree to be bound by these Terms of Use.