Terms of service

Overview

Welcome to MemoriaStella (“we”, “us”, “our”). We operate this online store and website, including all related information, content, features, tools, products, and services (the “Services”). Our store is powered by Shopify, which enables us to provide the Services to you.

These Terms of Service (the “Terms”) together with the policies referenced here describe your rights and responsibilities when you use the Services. By visiting, interacting with, or using the Services, you agree to be bound by these Terms and by our Privacy Policy. If you do not agree, do not use the Services.

1. Access & Account

You represent that you are at least the age of majority in your place of residence and, if applicable, that you permit minor dependents using devices you own or manage to use the Services. To use the Services (including browsing or purchasing), you may be asked for information such as email, billing, payment, and shipping details. You warrant the information you provide is true, current, and complete and that you have the rights to provide it. You are responsible for maintaining the security of your account credentials and for all activity that occurs under your account. You may not transfer, sell, assign, or license your account to any other person.

2. Our Products

We strive to display products accurately. Colors and appearance can vary based on your device and settings. Descriptions, pricing, and availability may be changed at any time without notice. We may limit quantities or discontinue products at our discretion.

3. Orders

When you place an order you make an offer to purchase. We may accept or decline any order at our discretion. Your order is accepted only when we confirm acceptance and process payment. Review orders carefully; cancellation might not be possible after acceptance.

Your purchases are subject to our Refund & Returns Policy. You represent that purchases are for personal or household use, not for resale or export.

4. Prices & Billing

Prices, discounts, and promotions may change without notice. The price charged is the price in effect when your order is placed and will appear in your confirmation. Unless expressly stated, prices exclude taxes, shipping/handling, customs, and import duties. You agree to provide current and accurate payment details and authorize us (or our payment processor) to charge the amounts due, including applicable taxes and fees. Promotions may have separate terms; if there is a conflict, promotion terms control.

5. Shipping & Delivery

Delivery timeframes are estimates only and are not guaranteed. We are not responsible for delays caused by carriers, customs, or events outside our control, but we will assist you with reasonable carrier inquiries. Title will pass to you upon our transfer of the product as required by applicable law, and risk of loss passes on delivery to your shipping address (or as otherwise required by mandatory consumer law in your country). For lost or misdelivered packages confirmed by the carrier, please see our Refund & Returns Policy.

6. Intellectual Property

The Services (including trademarks, logos, text, images, graphics, designs, audio/video, and their arrangement) are owned by MemoriaStella, Shopify, and/or their licensors and are protected by intellectual property laws. You may use the Services only for personal, non-commercial purposes. Except as permitted by law or with our prior written consent, you may not reproduce, modify, distribute, publicly display, create derivative works of, or exploit the Services or their content. MemoriaStella names, logos, and product names are our trademarks; Shopify’s names and logos are trademarks of Shopify; other marks belong to their respective owners.

7. Optional Tools

We may provide access to third-party tools “as is” and “as available,” without warranties and without endorsement. Your use is at your own discretion and subject to the provider’s terms. Future features and tools will also be subject to these Terms.

8. Third-Party Links

The Services may link to third-party sites or include third-party content. We do not control or endorse such sites/content and are not responsible for any losses or damages arising from your use of them. Review third-party terms and policies before engaging in any transaction.

9. Relationship with Shopify

MemoriaStella is powered by Shopify. Sales in our store are made directly between you and MemoriaStella. Shopify is not responsible for our sales or for any injury, damage, or loss related to products or services purchased from us. You release Shopify from claims arising from your transactions with us.

10. Privacy

Personal information we collect is governed by our Privacy Policy and, where applicable, Shopify’s privacy terms. Because the Services are hosted by Shopify, information you submit will be transmitted to Shopify and certain service providers (which may be located in other countries) to operate and improve the Services.

11. Feedback

If you submit reviews, ideas, suggestions, or other content (“Feedback”), you grant us a perpetual, worldwide, sublicensable, royalty-free license to use, reproduce, publish, distribute, and display the Feedback for any lawful purpose. You warrant you have the necessary rights, have disclosed any incentives, and your Feedback complies with these Terms. We have no obligation to pay for or respond to Feedback and may remove unlawful or inappropriate content.

12. Errors & Omissions

Information on the Services may contain typographical errors or inaccuracies (e.g., descriptions, pricing, promotions, shipping charges, transit times, availability). We may correct, change, or update such information—or cancel orders based on inaccurate information—at any time without prior notice.

13. Prohibited Uses

You may use the Services only for lawful purposes. You will not, directly or indirectly: violate laws; infringe intellectual-property rights; harass, abuse, or harm others; transmit false or misleading information; upload malware; send spam or unsolicited promotions; scrape or harvest data; circumvent security; or otherwise interfere with others’ use of the Services. We may suspend or terminate access for violations.

14. Termination

We may suspend or terminate your access to the Services at any time in our discretion. You remain responsible for amounts due up to the termination date. Sections intended to survive termination (including Intellectual Property, Feedback, Disclaimer of Warranties, Limitation of Liability, Indemnification, Severability, Waiver; Entire Agreement, Assignment, Governing Law, Privacy) will continue in effect.

15. Disclaimer of Warranties

Except as expressly stated by MemoriaStella, the Services and all products offered through the Services are provided “as is” and “as available,” without warranties of any kind, whether express or implied, including implied warranties of merchantability, fitness for a particular purpose, and non-infringement, to the extent permitted by law. We do not warrant that the Services will be uninterrupted, timely, secure, or error-free. Nothing in these Terms affects rights that cannot be excluded under applicable consumer-protection law.

16. Limitation of Liability

To the fullest extent permitted by law, MemoriaStella and its affiliates, officers, employees, agents, service providers, and licensors shall not be liable for indirect, incidental, special, consequential, or punitive damages (including lost profits, revenues, data, or replacement costs) arising from or related to your use of the Services or products. Nothing in these Terms limits or excludes liability for death or personal injury caused by negligence, fraud, or any liability that cannot legally be limited or excluded, and your statutory rights are not affected.

17. Indemnification

You agree to indemnify and hold harmless MemoriaStella, Shopify, and their affiliates, officers, directors, employees, and agents from third-party claims and expenses (including reasonable attorneys’ fees) arising out of your breach of these Terms, violation of law, or misuse of the Services. We will notify you of any claim and may control the defense at your expense; we will not agree to non-monetary obligations for you without your consent.

18. Severability

If any provision of these Terms is found unlawful, void, or unenforceable, the remaining provisions will remain in full force and effect.

19. No Waiver; Entire Agreement

Our failure to enforce any provision is not a waiver. These Terms, together with the policies referenced here (including our Privacy Policy and Refund & Returns Policy), are the entire agreement between you and us regarding the Services and supersede prior understandings.

20. Assignment

You may not assign or transfer your rights or obligations under these Terms without our prior written consent. We may assign or transfer our rights and obligations without notice, where permitted by law.

21. Governing Law & Jurisdiction

These Terms and any disputes arising from them will be governed by the laws of the jurisdiction in which MemoriaStella is established, without prejudice to any mandatory consumer-protection laws in your place of residence. You and MemoriaStella consent to the jurisdiction of the courts in that location, except where applicable law requires otherwise.

22. Headings

Headings are for convenience only and do not affect interpretation.

23. Changes to These Terms

You can review the current version of the Terms at any time on this page. We may update these Terms by posting changes on the site. Where required by law, we will notify you of material changes. Your continued use of the Services after changes take effect constitutes acceptance.

24. Contact Information

Questions about these Terms may be sent to support@memoriastella.com or via our Contact Us page.