TERMS OF SERVICE

Overview

Welcome to Smarty Merch! "We," "our," and similar terms refer to Smarty Merch. Smarty Merch operates this store and website, including all related information, content, features, tools, merchandise, and services provided through orders, designed to offer you (the customer) a curated shopping experience (hereinafter the "Service"). Smarty Merch is powered by Shopify, enabling us to provide this Service to you.

The following terms and conditions and any policies referenced herein (hereinafter the "Terms of Service" or "Terms") set forth your rights and responsibilities when using this Service.

Please read these Terms of Service carefully, as they contain important information regarding your legal rights and cover areas such as disclaimers and limitations of liability.

By visiting, using, or interacting with our Service, you agree to be bound by these Terms of Service. If you do not agree to these Terms of Service, please do not use or access our Service.

Section 1 - Access and Accounts

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 that you have given us your consent to allow any of your minor dependents to use this Service on devices owned, purchased, or managed by you.

To use this Service, including accessing or browsing our online store or purchasing any merchandise or services offered by us, you may be required to provide certain information, such as your email address, billing, payment, and shipping information. You represent and warrant that all information you provide in our store is accurate, current, and complete, and that you possess all necessary rights to provide such information.

You are solely responsible for maintaining the security of your account credentials and for all activities conducted under your account. You may not transfer, sell, assign, or license your account to any other person.

Section 2 - Custom Merchandise & Artwork Policy

• Approval Process: For all tailor-made or customized items, you are required to review and approve the final digital artwork proof provided by us. Once you provide formal approval, the order is deemed final and will proceed to production.

• Accuracy: It is your responsibility to ensure that all text, logos, colors, and design placements in the approved proof are correct. We are not responsible for errors (including typos or color discrepancies) that were present in the final approved proof.

• Variations: Due to the nature of custom manufacturing, slight variations in color, size, or material may occur. These do not constitute a defect.

Section 3 - Intellectual Property Indemnity

By submitting designs, logos, or artwork to us, you warrant that you are the sole owner of the intellectual property or have obtained the necessary permissions to use such materials. You agree to indemnify and hold harmless Smarty Merch from and against any claims, losses, or damages (including legal fees) arising from any allegation that the materials you provided infringe upon the rights of a third party.

Section 4 - Our Merchandise

We make every effort to display our merchandise and services as accurately as possible in our online store. Please note, however, that due to the type of device you use to access the store and your device settings/configurations, merchandise colors or appearances may differ from what is displayed on your screen.

We do not warrant that the appearance or quality of any merchandise or services purchased by you will meet your expectations, or that they will match descriptions or presentations in our online store entirely.

We reserve the right to modify all merchandise descriptions at any time without notice, and we reserve the right to discontinue any merchandise at any time, as well as limit quantities offered to any person, geographic region, or jurisdiction on a case-by-case basis.

Section 5 - Orders and Billing

When you submit an order, you are making an offer to purchase. Smarty Merch reserves the right to accept or reject any order for any reason at its sole discretion. Your order is not accepted until Smarty Merch confirms acceptance. We must receive and process your payment prior to accepting your order. Please review your order carefully before submission, as Smarty Merch may be unable to fulfill cancellation requests once an order has been accepted. If we reject, modify, or cancel an order, we will attempt to notify you via the email, billing address, and/or phone number provided at checkout.

Purchased merchandise may only be returned or exchanged in accordance with our return policy.

Your purchases are for personal or household use only and may not be used for commercial resale or export.

Prices, discounts, and promotions are subject to change without notice. The price charged for merchandise or services will be the price in effect at the time the order is submitted and will be reflected in your order confirmation email. Unless explicitly stated otherwise, listed prices exclude taxes, shipping fees, handling charges, duties, or import fees.

You agree to provide current, complete, and accurate purchase, payment, and account information for all purchases made at our store, and to promptly update your account details (such as email address, credit card numbers, and expiration dates) to facilitate transactions and communications.

Section 6 - Shipping and Delivery

We are not responsible for shipping and delivery delays. All delivery times are estimates and cannot be guaranteed. We assume no liability for delays caused by carriers, customs processing, or events beyond our control. Title and risk of loss pass to you upon our transfer of the merchandise to the carrier.

Section 7 - Intellectual Property Rights

Our Service, including all trademarks, brands, text, displays, images, graphics, merchandise reviews, videos, audio, and their design, selection, and arrangement, is owned by Smarty Merch, its affiliates, or licensors, and is protected by intellectual property laws.

These Terms permit your use of the Service for personal, non-commercial use only. You may not reproduce, distribute, modify, create derivative works of, publicly display, republish, download, store, or transmit any material from our Service without prior written consent.

Smarty Merch, logos, product names, designs, and slogans are trademarks of Smarty Merch or its affiliates. Shopify and its logos are trademarks of Shopify Inc.

Section 8 - Optional Tools

You may be provided access to third-party tools over which we neither monitor nor have any control or input. Such tools are provided "as is" and "as available" without warranties of any kind. Your use of optional third-party tools is entirely at your own risk and discretion.

Section 9 - Third-Party Links

Our Service may include materials and hyperlinks provided by third parties. We are not responsible for examining or evaluating the content or accuracy of third-party sites, and assume no liability for any third-party materials, websites, products, or services.

Section 10 - Relationship with Shopify

Smarty Merch is powered by Shopify, which enables us to provide the Service to you. However, any sales and purchases made in our store are conducted directly with Smarty Merch. By using the Service, you acknowledge and agree that Shopify is not responsible for any aspect of sales between you and Smarty Merch, including any injuries, damages, or losses arising from purchases. You hereby explicitly release Shopify and its affiliates from all claims, damages, and liabilities related to your purchases and transactions.

Section 11 - Feedback

If you submit ideas, feedback, reviews, proposals, or other content, you grant Smarty Merch a perpetual, worldwide, royalty-free license to use, reproduce, modify, publish, and distribute such feedback for any purpose. You represent and warrant that you own or control all rights to your feedback and that it complies with these Terms.

Section 12 - Errors, Inaccuracies, and Omissions

Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies, or omissions relating to descriptions, pricing, promotions, availability, and shipping times. 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.

Section 13 - Prohibited Uses

You may use the Service only for lawful purposes. You are prohibited from using the site or its content for any unlawful purpose, to solicit others to perform unlawful acts, to violate any international, federal, provincial, or local regulations or laws, to infringe upon our intellectual property rights or the rights of others, to harass, abuse, or harm others, or to upload malicious code, viruses, automated scraping tools, or bots.

Section 14 - Termination

We may terminate this agreement or your access to the Service at any time without notice, and you will remain liable for all amounts due up to and including the date of termination. Provisions that by their nature should survive termination shall survive.

Section 15 - Disclaimer of Warranties

The Service and all merchandise provided through it are delivered "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.

Section 16 - Limitation of Liability

To the maximum extent permitted by Hong Kong law, Smarty Merch, its directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers, or licensors, and Shopify, shall not be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind arising from your use of the service or any merchandise procured using the service.

Section 17 - Indemnification

You agree to indemnify, defend, and hold harmless Smarty Merch, Shopify, and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns, and employees harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your breach of these Terms of Service or your violation of any law or the rights of a third-party.

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 severed from these Terms.

Section 19 - 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 constitute the entire agreement and understanding between you and us.

Section 20 - 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 Hong Kong Special Administrative Region. Any disputes arising shall be subject to the exclusive jurisdiction of the courts of Hong Kong.

Section 21 - Changes to Terms of Service

You can review the most current version of the Terms of Service at any time at 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 to our website.

Section 22 - Contact Information

Questions about the Terms of Service should be sent to us at:

• Company Name: Smarty Merch

• Email: contact@smartiesmerch.com