OVERVIEW
Welcome to My Store! The terms "we", "us" and "our" refer to My Store. My Store operates this store and website, including all related information, content, features, tools, products, and services in order to provide you, the customer, with a curated shopping experience (the "Services"). My Store is powered by Shopify, which enables us to provide the Services to you.
The below terms and conditions, together with any policies referenced herein (these "Terms of Service" or "Terms") describe your rights and responsibilities when you use the Services.
Please read these Terms of Service carefully, as they include important information about your legal rights and cover areas such as warranty disclaimers and limitations of liability.
By visiting, interacting with, or using our Services, you agree to be bound by these Terms of Service and our Privacy Policy. If you do not agree to these Terms of Service or Privacy Policy, you must not use or access our Services.
SECTION 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 or province of residence, and you have given us your consent to allow any of your minor dependents to use the Services on devices you own, purchase, or manage. All accounts and purchases must be managed and executed by an adult.
To use the Services, including accessing or browsing our online stores or purchasing any of the products or services we offer, you may be asked to provide certain information, such as your email address, billing, payment, and shipping information. You represent and warrant that all the information you provide in our stores is correct, current, and complete and that you have all rights necessary to provide this information.
You are solely responsible for maintaining the security of your account credentials and for all of your account activity. You may not transfer, sell, assign, or license your account to any other person.
SECTION 2 - OUR PRODUCTS
We have made every effort to provide an accurate representation of our products and services in our online stores. However, please note that colors, dimensions, material finishes, or product appearance may differ from how they appear on your screen due to the type of device you use to access the store and your device settings.
Natural variations inherent to glass manufacturing including minor variances in glass thickness, weight, or negligible cosmetic surface marks do not constitute product defects. We do not warrant that the appearance or quality of any products or services purchased by you will perfectly match the rendering depicted in our online stores or meet your subjective expectations.
All descriptions of products are subject to change at any time without notice at our sole discretion. We reserve the right to discontinue any product at any time and may limit the quantities of any products that we offer to any person, geographic region, or jurisdiction, on a case-by-case basis.
SECTION 2A - NO MEDICAL OR HEALTHCARE ADVICE
The information, content, and product descriptions provided on or through our Services, including but not limited to discussions regarding infant feeding, colic, gas, development, or pediatric health are made available solely for general educational and informational purposes.
Our products and content are not substitutes for professional medical advice, diagnosis, or treatment. We do not employ doctors or licensed pediatricians to provide medical care via this website. Always seek the advice of your pediatrician or other qualified healthcare provider with any questions you may have regarding an infant's medical condition, feeding difficulties, or physical health. Never disregard professional medical advice or delay seeking it because of something you have read on our Services.
SECTION 3 - ORDERS AND RESALE RESTRICTIONS
When you place an order, you are making an offer to purchase. My Store reserves the right to accept or decline your order for any reason at its sole discretion, including suspicions of fraudulent activity or inventory shortages. Your order is not accepted until My Store confirms acceptance and processes your payment.
Please review your order carefully before submitting; My Store is unable to accommodate cancellation or modification requests after an order is processed. In the event that we do not accept, make a change to, or cancel an order, we will attempt to notify you via the contact information provided at the time the order was made.
Your purchases are subject to return or exchange solely in accordance with our Refund Policy. You represent, warrant, and agree that your purchases are strictly for your own personal or household use and not for commercial resale, wholesale, drop shipping, or international export. We reserve the right to unilaterally cancel any orders that, in our sole judgment, appear to be placed by dealers, resellers, or distributors.
SECTION 4 - PRICES 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 set out in your order confirmation email. Unless otherwise expressly stated, posted prices do not include sales taxes, shipping, handling, or customs fees.
Prices posted in our online stores may differ from prices offered in physical retail locations or on third-party marketplace platforms. We may offer, from time to time, promotions on the Services that affect pricing and are governed by terms separate from these Terms. If there is a conflict between the terms of a promotion and these Terms, the promotion-specific terms will govern.
You agree to provide current, complete, and accurate purchase, payment, and account information for all purchases made at our stores. You agree to promptly update your account and other information, including your email address, credit card numbers, and expiration dates, so that we can successfully complete your transactions and contact you as needed.
You represent and warrant that: (i) the credit card or payment information you provide is true, correct, and complete; (ii) you are duly authorized to use such payment method for the purchase; (iii) charges incurred by you will be honored by your credit card or payment company; and (iv) you will pay charges incurred by you at the posted prices, including all shipping and handling charges and applicable taxes.
SECTION 4A - DISPUTES AND CHARGEBACK PROTECTION
We aim to resolve all customer service, shipping, and refund issues directly and amicably through our support team. You agree that prior to filing any formal dispute or chargeback request with your credit card company, bank, or payment processor (such as Shopify Payments or PayPal), you will first contact us at support@healthconsciouspeople.com and allow us ten (10) business days to investigate and resolve the issue.
In the event that you initiate a fraudulent or bad-faith chargeback for an order that was successfully delivered, or for an item that is ineligible for a return under our strict Hygiene Policy, you agree to assume liability for all administrative costs, legal fees, and transaction penalties incurred by My Store in defending against the dispute. We reserve the right to permanently terminate the accounts and restrict website access of any users who abuse the payment dispute process.
SECTION 5 - SHIPPING AND DELIVERY
All delivery windows and shipping times are estimates only and are not guaranteed. My Store is not liable for shipping and delivery delays caused by shipping carriers, customs processing, severe weather, or any events outside of our reasonable control.
While risk of loss technically transfers to the carrier during transit, we take responsibility for your delivery experience. If your glass items are broken or lost in transit by the carrier, please contact us within seven (7) days of the estimated delivery date in accordance with our Damaged and Defective Orders policy so we can initiate a claim and arrange a replacement.
SECTION 6 - INTELLECTUAL PROPERTY
Our Services, including but not limited to all trademarks, brand names, copy, text, product descriptions, layouts, displays, images, graphics, product reviews, video, audio, and the design, selection, and arrangement thereof, are owned exclusively by My Store, its affiliates, or its licensors, and are protected by U.S., Canadian, and international patent, copyright, trademark, and other intellectual property laws.
These Terms permit you to use the Services for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, republish, download, store, or transmit any of the material on the Services without our prior written consent. Except as expressly provided herein, nothing in these Terms grants or shall be construed as granting a license or any other rights to you under any patent, trademark, copyright, or other intellectual property of My Store, Shopify, or any third party. Unauthorized use of the materials on the Services may violate federal, state, and provincial laws and will result in the immediate termination of your right to use our Services.
My Store's names, logos, product names, slogans, and custom designs are trademarks of My Store or its affiliates. You must not use such marks without our prior written permission. Shopify's name and logo are trademarks of Shopify. All other third-party names, logos, or slogans appearing on the Services are the trademarks of their respective owners.
SECTION 7 - THIRD-PARTY AND OPTIONAL TOOLS
We may provide you with access to optional third-party tools, applications, or integrations through our Shopify platform which we neither monitor, control, nor have any technical input over.
You acknowledge and agree that we provide access to such tools "as is" and "as available" without any warranties, representations, or conditions of any kind and without any explicit endorsement. We shall have no liability whatsoever arising from or relating to your use of these optional third-party tools.
Any use by you of optional tools offered through the website is entirely at your own risk and discretion. You must ensure that you are familiar with, and approve of, the terms and privacy practices under which those tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new features, resources, or services through the platform. Such features shall automatically be deemed part of the Services and remain subject to these Terms of Service.
SECTION 8 - THIRD-PARTY LINKS
The Services may contain materials and hyperlinks to websites provided or operated by third parties, including embedded third-party functionality or applications. We are not responsible for examining or evaluating the content, safety, or accuracy of any third-party materials or websites you choose to access. If you decide to leave the Services to access these materials or third-party sites, you do so entirely at your own risk.
We are not liable for any harm or damages related to your access to any third-party websites, or your purchase or use of any products, services, resources, or content on any third-party platforms. 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 and services must be directed exclusively to the third party.
SECTION 9 - RELATIONSHIP WITH SHOPIFY
My Store is hosted and powered by Shopify, which provides us with the e-commerce platform that enables us to offer the Services to you. However, any sales, customer service interactions, and purchases you make in our Store are made directly and exclusively with My Store.
By using the Services, you acknowledge and agree that Shopify is not a party to your transaction and is not responsible for any aspect of any sales between you and My Store, including any injury, damage, or loss resulting from purchased products or services. You hereby expressly release Shopify and its affiliates from all claims, damages, and liabilities arising from or related to your purchases and transactions with My Store.
SECTION 10 - PRIVACY POLICY
All personal information we collect through your use of the Services is strictly governed by our Privacy Policy, which is fully incorporated into these Terms by reference. By visiting our site, interacting with the Services, or making a purchase, you acknowledge that you have read and understand our Privacy Policy, as well as the platform-level processing outlined in Shopify's Privacy Policy.
SECTION 11 - USER REVIEWS, FEEDBACK, AND SUBMISSIONS
If you submit, upload, post, email, or otherwise transmit any ideas, suggestions, feedback, product reviews, photo submissions, video testimonials, or other content (collectively, "Feedback"), you grant My Store a perpetual, irrevocable, worldwide, sublicensable, royalty-free, and fully transferable license to use, reproduce, modify, adapt, publish, translate, distribute, and publicly display such Feedback (including any accompanying user-generated imagery or media) in any medium or channel for any purpose, including commercial marketing and promotional advertising.
You represent and warrant that: (i) you own or have all necessary intellectual property rights to the Feedback and media submitted; (ii) you have disclosed any compensation or incentives received in connection with your submission; and (iii) your Feedback complies with these Terms. We are under no obligation to: (1) maintain your Feedback in confidence; (2) pay compensation or royalties for your Feedback; or (3) respond to your Feedback.
We reserve the right, but maintain no obligation, to monitor, edit, or remove Feedback or customer reviews that we determine in our sole discretion to be unlawful, offensive, threatening, libelous, defamatory, obscene, or otherwise objectionable, or that violate any party's intellectual property or these Terms of Service.
You agree that your Feedback will not violate any right of any third-party, including copyright, trademark, privacy, or proprietary rights. You further agree that your Feedback will not contain libelous or otherwise unlawful, abusive, or obscene material, nor contain any computer virus or malware that could affect the operation of the Services. You may not use a false email address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any Feedback. You are solely responsible for the accuracy of any Feedback you make. We take no responsibility and assume no liability for any Feedback or reviews posted by you or any third party.
SECTION 12 - ERRORS, INACCURACIES, AND OMISSIONS
Occasionally there may be information on or in the Services that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times, and availability. We reserve the right to correct any errors, inaccuracies, or omissions, and to change or update information or cancel orders if any information is inaccurate at any time without prior notice (including after you have submitted your order).
SECTION 13 - PROHIBITED USES
You may access and use the Services for lawful purposes only. You may not access or use the Services, directly or indirectly: (a) for any unlawful or malicious purpose; (b) to violate any international, federal, provincial, or state regulations, rules, laws, or local ordinances; (c) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (d) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or harm any of our employees or any other person; (e) to transmit false or misleading information; (f) to send, knowingly receive, upload, download, use, or re-use any material that does not comply with these Terms; (g) to transmit, or procure the sending of, any advertising or promotional material, including any "junk mail," "chain letter," "spam," or any other similar solicitation; (h) to impersonate or attempt to impersonate any other person or entity; or (i) to engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Services, or which, as determined by us, may harm My Store, Shopify, or users of the Services, or expose them to liability.
In addition, you agree not to: (a) upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Services; (b) reproduce, duplicate, copy, sell, resell, or exploit any portion of the Services; (c) collect or track the personal information of others; (d) spam, phish, pharm, pretext, spider, crawl, or scrape; or (e) interfere with or circumvent the security features of the Services or any related website, other websites, or the Internet. We reserve the right to suspend, disable, or terminate your account or restrict your website access at any time, without notice, if we determine that you have violated any part of these Terms.
SECTION 14 - TERMINATION
We may terminate this agreement or your access to the Services (or any part thereof) in our sole discretion at any time without notice, and you will remain liable for all amounts due up to and including the date of termination.
The following sections will continue to apply following any termination: Intellectual Property, User Reviews, Feedback, and Submissions, Termination, Disclaimer of Warranties, Limitation of Liability, Indemnification, Severability, Waiver; Entire Agreement, Assignment, Governing Law, and Privacy Policy.
SECTION 15 - DISCLAIMER OF WARRANTIES
The information presented on or through the Services is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk.
EXCEPT AS EXPRESSLY STATED BY MY STORE, THE SERVICES AND ALL PRODUCTS OFFERED THROUGH THE SERVICES ARE PROVIDED 'AS IS' AND 'AS AVAILABLE' FOR YOUR USE, WITHOUT ANY REPRESENTATION, WARRANTIES, OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE, AND NON-INFRINGEMENT. WE DO NOT GUARANTEE, REPRESENT, OR WARRANT THAT YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES, SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.
SECTION 16 - LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO CASE SHALL MY STORE, OUR PARTNERS, DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, SERVICE PROVIDERS, OR LICENSORS, OR THOSE OF SHOPIFY AND ITS AFFILIATES, BE LIABLE FOR ANY INJURY, LOSS, CLAIM, OR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND. THIS INCLUDES, WITHOUT LIMITATION, LOST PROFITS, LOST REVENUE, LOST SAVINGS, LOSS OF DATA, REPLACEMENT COSTS, OR ANY SIMILAR DAMAGES, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, ARISING FROM YOUR USE OF ANY OF THE SERVICES OR ANY PRODUCTS PROCURED USING THE SERVICES.
THIS LIMITATION OF LIABILITY EXPLICITLY COVERS, BUT IS NOT LIMITED TO, ANY INCIDENTAL OR CONSEQUENTIAL DAMAGE, INJURY, OR PROPERTY LOSS RESULTING FROM THE MISUSE, ACCIDENTAL DROPPING, IMPROPER CLEANING/STERILIZATION, OR TRANSIT-RELATED BREAKAGE OF GLASS CONTAINERS, BOTTLES, SILICONE NIPPLES, OR ACCOMPANYING FEEDING ACCESSORIES.
IN NO EVENT SHALL THE AGGREGATE LIABILITY OF MY STORE EXCEED THE TOTAL DOLLAR AMOUNT PAID BY YOU TO MY STORE FOR THE SPECIFIC ORDER GIVING RISE TO THE LIABILITY. BECAUSE SOME STATES, PROVINCES, OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE 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 17 - INDEMNIFICATION
You agree to indemnify, defend, and hold harmless My Store, Shopify, and our affiliates, partners, officers, directors, employees, agents, contractors, licensors, and service providers from any losses, damages, liabilities, or claims, including reasonable attorneys' fees, payable to any third party due to or arising out of (1) your breach of these Terms of Service or the documents they incorporate by reference, (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 any indemnifiable claim, provided that a failure to promptly notify will not relieve you of your obligations unless you are materially prejudiced. We may control the defense and settlement of such claim at your expense, including choice of counsel, but will not settle any claim requiring non-monetary obligations from you without your consent (not to be unreasonably withheld). You will cooperate in the defense of indemnified claims, including by providing relevant documents.
SECTION 18 - SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void, or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service. Such determination shall not affect the validity and enforceability of any other remaining provisions.
SECTION 19 - WAIVER; ENTIRE AGREEMENT
The failure of us to 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 policies or operating rules posted by us on this site or in respect to the Service constitutes the entire agreement and understanding between you and us and governs your use of the Service, superseding any prior or contemporaneous agreements, communications, and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
SECTION 20 - ASSIGNMENT
You may not delegate, transfer, or assign this Agreement or any of your rights or obligations under these Terms without our prior written consent, and any such attempt will be null and void. We may transfer, assign, or delegate these Terms and our rights and obligations without consent or notice to you.
SECTION 21 - GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of the State of Pennsylvania, without regard to its conflict of law principles. You and My Store explicitly consent to the exclusive venue and personal jurisdiction of the state, provincial, or federal courts located in Pennsylvania for the resolution of any disputes arising out of these Terms or your use of the products.
SECTION 22 - HEADINGS
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms in any legal capacity.
SECTION 23 - CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time on this page.
We reserve the right, in our sole discretion, to update, change, or replace any part of these Terms of Service by posting updates and changes directly to our website. It is your responsibility to check our website periodically for updates. We will notify you of any material changes to these Terms in accordance with applicable law, and such changes will be effective on the date specified in the notice. Your continued use of or access to the Services following the posting or notification of any changes to these Terms of Service constitutes automatic acceptance of those changes.
SECTION 24 - CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at support@healthconsciouspeople.com.
Our official corporate contact information is posted below:
Health Conscious People
28 Spring Street #5086
Princeton NJ 08619