Terms of service

Overview

This website is operated by Smushee™. Throughout this site, "we," "us," and "our" refer to Smushee™. We provide this website — including all content, tools, and services available on it — to you, the user, on the condition that you accept all terms, conditions, policies, and notices stated here.

By visiting our site and/or purchasing from us, you engage in our "Service" and agree to be bound by these Terms of Service ("Terms"), including any additional terms, conditions, or policies referenced here or linked from this site. These Terms apply to everyone who accesses the site — browsers, customers, and anyone submitting content to it.

Please read these Terms carefully before using the site. If you don't agree with any part of them, please don't use the website or our Services.

We may add new features or tools to the store from time to time; those are automatically subject to these Terms as well. We may update these Terms at any point by posting the revised version here, and it's your responsibility to check back periodically — continuing to use the site after changes go live means you accept them.

Our store runs on a hosted e-commerce platform that provides the underlying technology enabling us to sell to you.

1. Online Store Terms

By using this site, you confirm that you're at least the age of majority in your jurisdiction, or that you have permission from a parent or guardian to use the site.

You may not use our products for any unlawful or unauthorized purpose, and you may not violate any laws in your jurisdiction while using the Service — including intellectual property laws. Transmitting worms, viruses, or other malicious code is prohibited. Violating these Terms will result in immediate termination of your access to our Services.

2. General Conditions

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

Content you submit (excluding payment information) may be transmitted unencrypted across various networks. Payment/card information is always encrypted in transit.

You agree not to reproduce, duplicate, copy, sell, resell, or otherwise exploit any part of the Service — or access to it — without our express written permission.

Section headings in these Terms are for convenience only and don't affect their interpretation.

3. Accuracy, Completeness, and Timeliness of Information

We aren't responsible for ensuring that information on this site is complete, accurate, or current. Site content is provided for general informational purposes and shouldn't be your sole basis for a decision — any reliance on it is at your own risk.

Some content on this site may be historical and is provided for reference only. We may update site content at any time without obligation to do so, and it's your responsibility to check for changes.

4. Modifications to Service and Pricing

Product prices are subject to change without notice. We may modify or discontinue the Service, in whole or in part, at any time without notice, and we won't be liable to you or any third party for doing so.

5. Products

Some products may be available exclusively online and in limited quantities — including seasonal items like our countdown calendars. Products are subject to return or exchange according to our [Return & Refund Policy].

We've made every effort to display product colors and images accurately, but we can't guarantee your device's display will render colors exactly as they appear in person.

We reserve the right (without obligation) to limit sales of our products to any person, region, or jurisdiction, to limit quantities, and to discontinue any product at any time. Pricing and product descriptions are subject to change without notice at our sole discretion. We don't warrant that our products or Service will meet your expectations or be error-free.

6. Billing and Account Accuracy

We may refuse or cancel any order, and may limit quantities purchased per person, household, or order — including orders that appear to share the same account, payment method, or billing/shipping address. If we change or cancel your order, we'll try to notify you using the contact details provided at checkout. We reserve the right to restrict orders that, in our judgment, appear to be placed by resellers or distributors.

You agree to provide current, complete, and accurate account and purchase information, and to keep it updated so we can complete transactions and reach you as needed.

For more, see our [Return & Refund Policy].

7. Optional Third-Party Tools

We may give you access to third-party tools that we don't control or monitor. These are provided "as is," without warranties of any kind, and we have no liability arising from your use of them. Using such tools is at your own risk, and you should review the relevant third party's own terms before doing so. Any new tools or features we introduce are also covered by these Terms.

8. Third-Party Links

This site may include or link to third-party content, products, or websites we're not affiliated with. We're not responsible for evaluating or guaranteeing the accuracy of third-party material, and we're not liable for any harm related to your use of third-party goods or services. Review third-party terms carefully before transacting with them — any complaints should go directly to that third party.

9. User Comments and Submissions

If you send us comments, suggestions, or other materials — whether we asked for them or not — you agree we may use, edit, publish, and distribute them in any medium, without compensation or obligation to keep them confidential or to respond.

We may (but aren't obligated to) monitor or remove content we consider unlawful, offensive, or otherwise objectionable. You agree that anything you submit won't infringe on anyone else's rights, won't be unlawful or abusive, and won't contain malicious code. You're solely responsible for your own submissions.

10. Personal Information

Your personal information is handled according to our [Privacy Policy].

11. Errors, Inaccuracies, and Omissions

Occasionally, our site may contain typos or errors related to product descriptions, pricing, promotions, or shipping details. We reserve the right to correct these and to update or cancel orders affected by inaccurate information, even after you've submitted an order, without prior notice. We're under no obligation to update outdated information except where required by law.

12. Prohibited Uses

You may not use this site to: break any law; solicit unlawful acts; infringe on our or others' intellectual property; harass, discriminate against, or harm others; submit false information; upload malicious code; harvest others' personal data; spam or scrape the site; or attempt to bypass its security. Violating any of these may result in termination of your access.

13. Disclaimer of Warranties; Limitation of Liability

We don't guarantee the Service will be uninterrupted, timely, secure, or error-free, or that results from using it will be accurate or reliable. We may suspend or discontinue the Service at any time without notice. Your use of the Service is at your own risk — it's provided "as is" and "as available," without warranties of any kind, express or implied.

To the fullest extent permitted by law, Smushee™ and its officers, employees, affiliates, and suppliers won't be liable for any indirect, incidental, punitive, or consequential damages — including lost profits or data — arising from your use of the Service or our products, even if we've been advised of the possibility of such damages. Where a jurisdiction doesn't allow this kind of limitation, our liability is limited to the maximum extent the law permits.

14. Indemnification

You agree to indemnify and hold [BRAND]™, and our affiliates, officers, and employees, harmless from any claim or demand — including reasonable legal fees — arising from your breach of these Terms or violation of any law or third-party right.

15. Severability

If any part of these Terms is found unlawful or unenforceable, that part will be enforced to the maximum extent allowed by law, and severed from the rest — the remaining Terms stay in effect.

16. Termination

Obligations that arose before termination survive it. These Terms remain in effect until terminated by you or us. You can stop using our Service at any time. We may terminate your access without notice if we believe you've violated these Terms, and you'll remain responsible for any amounts owed up to that point.

17. Entire Agreement

Our failure to enforce any part of these Terms doesn't waive our right to do so later. These Terms, together with any policies posted on our site, form the entire agreement between you and us regarding the Service, superseding any prior agreements or communications.

18. Governing Law

These Terms are governed by and construed in accordance with the laws of [jurisdiction where BRAND is registered], without regard to conflict-of-law principles.

19. Changes to These Terms

We may update these Terms at any time by posting changes to this page. Continuing to use the site after changes are posted means you accept the revised Terms.

20. Contact

Questions about these Terms can be sent to: 📧 support@smushee.store