TERMS AND CONDITIONS

Welcome to Mimisville Online Boutique. This website is operated by Mimisville. Throughout this site, the terms “we,” “us,” and “our” refers to Mimisville. Mimisville offer this website which includes these Terms and Conditions (“Term”) that govern your access to and use of our website, www.mimisvile1.com (the “Site”), and any purchase or services provided by Mimisville.   

By using/visiting our site, placing an order/purchasing our products, or accessing any content, you engage in our “Service” and agree to comply with and be legally bound by the following terms and condition (“Terms of Services,” “Term”) including those additional terms and polices referenced herein and/or available by hyperlink. These terms and conditions apply to all users of this site, without any exclusion.

Please read these Terms and Conditions carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms and Conditions. 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 and if already using, close the link and refrain from using the website or service.

SECTION 1. ONLINE STORE TERMS

By Accessing or using our services, you confirm 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 dependent to use this site. The Services are intended for users who are at least 13 years of age. All users who are minors in the jurisdiction in which they reside (generally under the age of 18) must have the permission of, and be directly supervised by, their parent or guardian to use the Services. If you are a minor, you must have your parent or guardian read and agree to these Legal Terms prior to you using the Services.

You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws) while using our service.

You must not transmit any worms or viruses or any code of a destructive nature.

A breach or violation of any part of the Terms will result in an immediate termination of your account.

SECTION 2. GENERAL CONDITIONS

We reserve the right to refuse services to anyone for any reason at any time.

You understand that your content (excluding credit card information) may be transferred unencrypted and may involve (a) transmission over various networks; and (b) changes to conform and adapt to technical requirements of connecting network or devices. 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 Services, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.

SECTION 3. PRODUCT AND SERVICES

We make every effort to display products accurately, including descriptions, colors, and prices. However, product availability may vary and is not guaranteed. We reserve the right to discontinue or update products at any time with prior notice. Colors may vary slightly depending on your screen and device. We reserve the right to limit the quantities of any products or services that we offer. All product descriptions or product pricing are subject to change at any time without notice, at our sole discretion. We do not warrant that the quality of any products, services, information, or other materials purchased or obtained by you will meet your expectations, or that any errors in the services will be corrected.

All purchases or sales are final. We do not offer returns or exchanges.

SECTION 4. MODIFICATION TO THE SERVICE AND PRICES

Prices for our products are subject to change without notice. We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice. 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. ACCURACY OF BILLING AND ACCOUNT INFORMATION

We reserve the right to refuse any order you place with us. We may, in our sole discretion limits or cancel quantities purchased per person, per household or per order. This restriction may include order placed by or under the same customer account, the same credit card, and/or orders that you use the same billing or shipping address. In the event that we may make any changes or cancel an order, we may attempt to notify you by e-mail, billing address, and/or phone number provided at the time the order was placed. We reserve the right to limit or prohibit orders that in our sole judgement appear to be placed by dealers, resellers, or distributors.

You agree to provide current, complete, and accurate purchase and account information for all purchases made on our website. You agree to promptly update your account and other information, including your email address and credit card numbers, so that we can complete your transactions and contact you as needed

SECTION 6. THIRD-PARTY LINKS

Certain content, products, and services available via our website may include material 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 content or accuracy and we do not warrant and will not have any liability or responsibility for third-party materials or websites.

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 the third party’s policy and practice carefully and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or question regarding third-party products should be directed to the third-party

SECTION 7. USERS COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

If, at our request, you send certain specific submissions (for example content entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by e-mail, by postal mail, or otherwise (collectively, ‘comments’) you agree that we may, at any time without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligations (1) to maintain any comment in confidence; (2) to pay compensation for any comments; (3) to respond to any comments.

We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Services

You agree that your comments will not violate any rights of any third party, including copyrights, trademark, privacy, personality, or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comment. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third party.

SECTION 8. PERSONAL INFOMATION

Your submission of personal information through the store is governed by our Privacy Policy. Please carefully review our Privacy Policy.

SECTION 9. ERRORS, INACCURACIES, AND OMISSIONS

Occasionally there may be information on our site or in the Service that contains typographic errors, inaccuracies, or omissions that may relate to product description, pricing, promotions, offers, product shipping charges, transits time 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 in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh dates 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 has been modified or updated.

SECTION 10. PROHIBITED USES

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its contents: (a) for any unlawful purposes; (b) so solicit others to perform or participate in any unlawful acts; (c) to violate 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, arm, 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 types of malicious code that will or may be used in any way that will affect the functionality or operation of this Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (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 11. DISCLAMIER OF WARRANTIES; LIMITATION OF LIABILITY

We do not guarantee, represent or warrant 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, or inability to use, the service is at your soul risks. The service and all products and services delivered to you through the service are (expect as expressly stated by us) 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, non-infringement.

In no case shall Mimisville, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service provider or licensor be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, 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 service or any product procured using the service, or for any other claim related in any way to your use of this service or any product, including but not limited to, any errors or omissions in any content, or any loss or damage of any kind of incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised or their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability should be limited to the maximum extent permitted by law.

SECTION 12. INDEMNIFICATION

You agree to Indemnify, defend and hold harmless Mimisville and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, and providers, subcontractors, suppliers, interns and employees, harmless from any claim or damage including reasonable attorneys’  fees, made by third party, due to or arising out of your breach of these Terms of Services or the documents that incorporate by reference, or your violation of any laws or the rights of a third party.

SECTION 13. SEVERABILITY

In the event that any provision of these Terms of Services 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 served from these Terms of Services, such determination shall not affect the validity and enforceability of any other remaining provisions.

SECTION 14. TERIMINATION

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.

These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Services at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.

If in our sole judgment you fail, or we suspect that you have failed, to comply with any terms or provision of these Terms of Services, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due upon to and including the date of termination; and/or accordingly may deny you access to our Service (or any part thereof).

SECTION 15. ENITRE AGREEMENT

The failure of us to exercise or enforce any right or provision of these Terms of Services shall not constitute a waiver of such right or provision.

These Terms of Services 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 govern your use of the Service, superseding any prior or contemporaneous agreement, communications and proposals, whether oral or written, between you and us (including but not limited to any prior version or the Terms of Services).

Any ambiguities in the interpretation of these Terms of Services shall not be constructed against the drafting party.

SECTION 16. GOVERNING LAW

These Terms of Services and any separate agreements whereby we provide you Service shall be governed by and construed in accordance with the laws of United States.

SECTION 17. CHANGES TO TERMS OF SERVICE

You can review the most current version of the Terms of Services at any time on this page.

We reserved the rights, as our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Services following the posting of any changes to these Terms of Services constitutes acceptance of those changes.

SECTION 18. CONTACT INFORMATION

Question about the Terms of Service should be sent to us at info@mimisville.com.

MIMISVILLE – SMS/MMS MOBILE MESSAGING TERMS & CONDITIONS

These SMS/MMS Mobile Messaging Terms and Conditions (“Terms”) govern your use of Mimisville mobile messaging program (“Program”). By opting in to or participating in the Program, you accept and agree to these Terms and our Privacy Policy. Mimisville Online Boutique (“Mimisville,” “we,” “us,” or “our”) may modify these Terms at any time, with or without notice. Your continued participation in the Program constitutes your acceptance of those changes.

By subscribing to Mimisville text notifications, you agree to receive automated marketing text messages from us about our products and services at the phone number you provided when you subscribed, and that’s the messages may be sent via automatic telephone dialing system or other technology. Message frequency is recurring. Consent is not a condition of purchase. Message and data rates may apply. Reply STOP, END, CANCEL, UNSUBSCRIBE or QUIT to opt out and HELP for customer support. You may receive additional text message confirming your decision to opt-out. You understand and agree that attempting to opt-out by any means other than texting the opt out command above is not a reasonable means of opting out.

1. 1. PROGRAM DESCRIPTION

Mimisville offers a mobile messaging program that may include promotions, exclusive offers, alerts, updates, order information, abandoned cart reminders, product recommendations, and other marketing messages via SMS or MMS (text/picture messages). Messages may be sent using automated technology, including auto-dialer or automated systems, and may also be triggered by your activity on our website or in response to your inquiries.

2. CONSENT TO RECEIVE MESSAGES

By providing your mobile number and opting into the Program, you are giving us express written consent to send you recurring promotional and transactional messages via SMS/MMS to the number you provided. This consent is not a condition of any purchase.

3. MESSAGE FREQUENCY

Message frequency will vary depending on your interaction with us. You may receive multiple messages per week. These may include:

• Welcome messages
• Order confirmations and updates
• Promotions and sales alerts
• Abandoned cart reminders
• Restock or new arrival alerts
• Personalized product recommendations

4. OPT-OUT INSTRUCTIONS

You can cancel the SMS service at any time. To stop receiving messages, reply STOP to any text message you receive from us. Upon receiving your STOP request, you will receive a confirmation message and will no longer receive messages from us. If you want to rejoin, you can opt in again by following the original sign-up process.

5. HELP INSTRUCTIONS

If you are experiencing issues with the messaging program, contact us at info@mimisville.com for assistance. Please note that use of the above email address is not an acceptable method for opting out of the program. Opting out of the program must be done through the proper channel, in accordance with the above-described procedure.

6. MESSAGE AND DATA RATES

Message and data rates may apply to each SMS/MMS message sent or received. Charges are based on your mobile carrier plan. Mimisville is not responsible for any messaging or data charges incurred from participation in the Program. Contact your wireless provider for more details on your pricing plan.

7. ELIGIBILITY

You must be between the age of 13-18 years old or have parental/guardian permission to participate in our mobile messaging Program. By opting in, you confirm you are the authorized user of the mobile number provided and that you have the authority to consent to receive text messages.

You may not use or engage with our website if you are under thirteen (13) years of age. If you use or engage with our website and are between the age of thirteen (13) and eighteen (18) years of age, you must have your parents or legal guardian permission to do so. By using or engaging with our website, you acknowledge and agree that you are not under the age of thirteen (13) years, are between the ages of thirteen (13) and eighteen (18) and have your parent’s or legal guidance’s permission to use or engage with our website or are of adults age in your jurisdiction. By using or engaging with our website, you also acknowledge and agree that you are permitted by your jurisdiction’s Applicable Law to use and/or engage with our website.

8. 8. PRIVACY POLICY

We respect your privacy. Your information will be used to administer the mobile messaging program and in accordance with our Privacy Policy. We do not sell, rent, or share your mobile information with third parties for their marketing purposes. For more details, please refer to our full Privacy Policy on our website.

9. LIMITATIONS AND DISCLAIMERS

Delivery of mobile messages is subject to effective transmission by your mobile carrier and may not be available in all areas or at all times. Mimisville is not liable for delayed or undelivered messages. We make no guarantees regarding the availability or performance of this service.

10. MODIFICATIONS TO TERMS

We reserve the right to revise or update these Terms at any time without prior notice. Any changes will become effective immediately upon posting. It is your responsibility to review these Terms periodically for updates. Continued participation in the Program constitutes your acceptance of the revised Terms.