Terms and Conditions
TERMS OF SERVICE----
GENERAL
Mist Wave operates this website. Throughout the site, the terms ‘we,’ ‘us,’ and ‘our’ refer to Mist Wave. Mist Wave offers
this website, including all information, tools, and services made available to you, the user, on this site, provided that
you accept all terms, conditions, policies, and notices stated herein.
By visiting our site and/or purchasing something from us, you engage in our ‘Service’ and agree to be bound by the following terms and conditions
(referred to as our ‘Terms of Service’ or ‘Terms’), including those additional terms and conditions and policies referenced
herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including but not limited to
users who are browsers, vendors, customers, merchants, and/or contributors.
Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you
agree to these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use
any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
New features or tools which are added to the current shop shall also be subject to the Terms of Service. You can review the most recent version
of the Terms of Service at any time on this page. We reserve the right to update, change, or replace
any part of these Terms of Service by posting updates or changes to our website. It is your
responsibility to review this page periodically for changes. Your continued use of or access to the website following the
posting of any changes constitutes acceptance of those changes.
Our shop is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our
products and services to you.
SECTION 1: ONLINE SHOP TERMS
You will not transmit any computer worms or viruses or any code of a destructive nature.
By accepting these Terms of Service, you represent that you are of legal age in your state or province of residence, or that you are of legal age in your state or province of residence and you have given us your consent to allow any of your dependents to use this site.
You may not use our products for any illegal or unauthorised purpose, nor may you, in the use of the Service, violate any laws in your jurisdiction
You may not use our products for any illegal or unauthorised purpose, nor may you, in using the Service, violate the laws of your jurisdiction
(including but not limited to copyright laws).
Failure to comply with or violation of any of the Terms will result in immediate termination of your Services.
SECTION 2: GENERAL CONDITIONS
We reserve the right to refuse service to anyone for any reason at any time.
You understand that your content (not including credit card information) may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and comply with technical requirements of connecting networks or devices.
Credit card information is always encrypted during transfer over networks. Credit card information
is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell, or exploit any portion of the Service, use of the Service, or access to the Service, or any
contact on the website through which the service is provided, without our express written permission.
The headings used in this agreement are included for convenience only and shall not limit or affect these Terms.
SECTION 3: ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this site is not accurate, complete, or current. The material presented on this site is
provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete, or more current sources of
information. Any reliance on any material on this site is at your own risk.
main, more accurate, more complete or more recent information. By relying on any material on this site, you do so at your own risk.
This site may contain certain historical information. Historical information is, by its nature, not current and is provided for
reference only. We reserve the right to modify the content of this site at any time, but we have no obligation to update
any information on our site. You agree that it is your responsibility to monitor changes to our site.
SECTION 4: MODIFICATIONS TO THE SERVICE AND PRICES
The prices of our products are subject to change without notice.
We reserve the right to modify or discontinue the Service (or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third party for any modification, price change, suspension, or discontinuance of the Service.
SECTION 5: PRODUCTS OR SERVICES (if applicable)
Certain products or services may be available exclusively online through the website. These products or services may have limited quantities
and are subject to return or exchange only according to our Return Policy.
We have made every effort to display as accurately as possible the colours and images of our products that appear at the store.
We cannot guarantee that the display of any colour on your computer monitor will be accurate.
We reserve the right, but are not obligated, to limit the sales of our products or services to any person, geographic region, or
jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services we
offer. All product descriptions or product prices are subject to change at any time and without notice, at
our sole discretion. We reserve the right to discontinue any product at any time. Any offer for any
product or service made on this site is void where such product or service is prohibited.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your
expectations, or that any errors in the Service will be corrected.
SECTION 6: ACCURACY OF BILLING AND ACCOUNT INFORMATION
For more information, please see our Returns Policy.
SECTION 7: OPTIONAL TOOLS
We reserve the right to refuse any order you place with our store. We may, in our sole discretion, limit or cancel quantities
purchased per person, per household or per order. These restrictions may include orders placed under the same customer account, the
same credit card, or orders that use the same billing or shipping address. In the event that we make a change or cancel an
order, we will attempt to notify you via email or the billing address/telephone number provided at the time the
order was placed. We reserve the right to limit or prohibit orders that, in our sole discretion, appear to have been placed by
merchants, resellers, or distributors.
You agree to provide complete and accurate purchase and current account information for all purchases made at our shop. You
agree to promptly update your account and other information, including your email address, credit card numbers, and
expiration dates, so that we may complete your transactions and contact you as necessary.
We may provide you with access to third-party tools that we do not monitor, control, or contribute to.
You acknowledge and agree that we provide access to such tools ‘as is’ and ‘as available’ without warranties,
representations, or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or in connection with your use of
any optional third-party tools.
Any use by you of optional tools offered through the site is at your own discretion and risk, and you should ensure that you are familiar with
and approve of the terms on which the relevant third-party provider(s) of such tools provide those tools.
We may also, in the future, offer new services or features through the website (including the release of new tools and resources).
These new features or services will also be subject to these Terms of Service.
SECTION 8: THIRD-PARTY LINKS
Certain content, products, and services available via our Service may include resources from third parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining
or evaluating the content or accuracy, and we do not warrant and will not have any liability or responsibility for any third-party resources or websites,
or for any other materials, products, or services of third parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other
transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them
before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third party.
SECTION 9: USER COMMENTS, OPINIONS AND OTHER COMMUNICATIONS
If, at our request, you send certain specific communications (for example, contest entries) or, without our request, you send
creative ideas, suggestions, proposals, plans or other materials, whether online, by email, by post or otherwise
(hereinafter collectively referred to as “comments”), you agree that we may, at any time, without restriction: edit, copy,
publish, distribute, translate and use in any medium any comments you send us. We do not and will not have any obligation (1) to
keep any comments confidential; (2) pay any compensation for any comments; or (3) respond to any comments.
We may, but have no obligation to, monitor, edit, or remove content that we determine in our sole discretion to be unlawful,
offensive, threatening, libellous, defamatory, pornographic, obscene, or otherwise objectionable, or that infringes any party's intellectual property or
these Terms of Service.
You agree that your comments will not infringe any third party rights, including copyright, trademark, privacy,
personality or other personal or proprietary rights. Furthermore, you agree that your comments will not contain defamatory, unlawful, abusive, or
obscene material, or contain any computer viruses or other harmful software that may in any way affect the operation of the Service or
any related website. You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead us or third parties
as to the origin of the comments. You are solely responsible for the comments you make and their accuracy. We assume no
responsibility or liability for comments posted by you or any third party.
SECTION 10: PERSONAL INFORMATION
The submission of personal information through the shop is governed by our Privacy Policy. To view our Privacy Policy.
SECTION 11: ERRORS, INACCURACIES AND OMISSIONS
There may be information on our site or in the Service that occasionally contains typographical errors, inaccuracies or omissions that may
relate to product descriptions, prices, promotions, offers, product shipping charges, transit times and availability. We
reserve the right to correct any errors, inaccuracies or omissions, to change or update information, or to cancel orders if any information
on the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We assume no obligation to update, modify, or clarify information on the Service or on any related website, including
but not limited to pricing information, except as required by law. No specified update or refresh date
applied in the Service or on any related website should be taken to indicate that all information in the Service or on any
related website was modified or updated.
SECTION 12: PROHIBITED USES
In addition to the prohibitions set forth in the Terms of Service, you are prohibited from using the site or its content (a) for any unlawful purpose; (b)
to solicit others to perform or participate in any unlawful acts; (c) to infringe upon any international, federal, provincial, or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights
of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion,
ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information;
(g) to upload or transmit viruses or any other type of harmful code that affects or may affect the functionality or operation of the Service or
any related website, other websites or the Internet; (h) collect or track the personal information of others; (i) send spam,
phishing, pharming, pretexting, spidering, crawling, or scraping; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of
the Service or any related website, or other websites or the Internet. We reserve the right to terminate your use
of the Service or any related website for violating any of the prohibited uses.
SECTION 13: DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not warrant, represent or guarantee that your use of our service will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without
notice to you.
You expressly agree that your use of the service or inability to use it is at your own risk. The service and all products and services delivered to you
through the service (unless otherwise specified by us) are provided ‘as is’ and ‘as available’ for your use, without any
representation, warranty, or condition of any kind, either express or implied, including all implied warranties or conditions of
merchandiseability, merchantability, fitness for a particular purpose, durability, title, and non-infringement.
In no event shall Mist Wave, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers,
or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or
consequential damages of any kind, including, without limitation, loss of profits, loss of revenue, loss of savings,
loss of data, replacement costs or similar damages, whether in contract, tort (including negligence), strict liability or otherwise,
arising from your use of any of the services or any products purchased through the service, or for any other claim
related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content,
or any loss or damage of any kind incurred as a result of the use of the service or any content (or product)
posted, transmitted or made available through the service, even if advised of its possibility.
Because some states or jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, in
such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
SECTION 14: INDEMNIFICATION
You agree to indemnify, defend and hold harmless Mist Wave and our parent company, subsidiaries, affiliates, partners, officers,
directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, from any claim or
lawsuit, including reasonable attorneys' fees, incurred by a third party due to your breach of these Terms of
Service or the documents they incorporate by reference, or arising from your breach thereof, or for any violation of any law or
rights of a third party that you make.
SECTION 15: SEVERABILITY
If any provision of these Terms of Service is determined to be unlawful, void, or unenforceable, that provision shall nonetheless
be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed severed from these Terms of
Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
SECTION 16: TERMINATION The obligations and responsibilities of the parties incurred prior to the termination date shall remain in effect after the termination of this agreement for all purposes. These Terms of Service are in effect unless you or we terminate them. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services or when you stop using our site. If, in our judgment, you breach, or we suspect you have breached, any term or provision of these Terms of Service, we may likewise terminate this agreement at any time without prior notice, and you will remain responsible for all amounts due up to and including the termination date; and/or consequently, we may deny you access to our Services (or any part of them).
SECTION 17: ENTIRE AGREEMENT
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The fact that we do not exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policy or operating rules we have posted on this site or with respect to the Service constitute the complete agreement and understanding between you and us, and govern your use of the Service, superseding any prior or contemporaneous agreement, communication, or proposal, whether oral or written, between you and us (including, but not limited to, previous versions of the Terms of Service).
Any ambiguity in the interpretation of these Terms of Service shall not be construed against the drafting party.
SECTION 18: APPLICABLE LAW These Terms of Service and any separate agreement under which we provide you with Services will be governed by and construed in accordance with the laws of Avenida Suroeste Nº46, 1st floor, door 3, La Vall 'Uixó, CS, 12600, Spain. SECTION 19: CHANGES TO THE TERMS OF SERVICE You can review the most recent version of the Terms of Service at any time on this page. We reserve the right, at our sole discretion, to update, change, or replace any part of these Terms of Service by posting updates and changes on our website. It is your responsibility to check our website periodically for changes. Your continued use of our website or Service, or your access to any of them, after any changes to the Terms of Service have been posted, constitutes acceptance of those changes.
SECTION 20: CONTACT INFORMATION
Questions about the Terms of Service should be sent to mistwavemanagement@gmail.com