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TERMS OF SERVICE – Margaret & Birdie

OVERVIEW

Welcome to Margaret & Birdie. The terms “we,” “us,” and “our” refer to Margaret & Birdie. Margaret & Birdie operates this online store and website, including all related information, content, features, tools, products, and services, in order to provide you with a thoughtfully curated shopping experience (the “Services”). Margaret & Birdie is powered by Shopify, which enables us to provide the Services to you.

The terms and conditions below, together with any policies referenced herein (these “Terms of Service” or “Terms”), describe your rights and responsibilities when using our Services.

Please read these Terms of Service carefully, as they contain important information regarding your legal rights and cover matters including disclaimers of warranties 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 [LINK]. If you do not agree to these Terms of Service or our Privacy Policy, you should not access or use our Services.

SECTION 1 – ACCESS & ACCOUNTS

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or jurisdiction of residence, or that you have given your consent to allow any minor dependents under your supervision to use the Services on devices you own, purchase, or manage.

To use the Services, including accessing or browsing our online store or purchasing products or services, you may be required to provide certain information, such as your email address, billing information, payment information, and shipping details.

You represent and warrant that all information you provide is accurate, current, and complete.

You are solely responsible for maintaining the security of your account credentials and for all activity conducted through your account. You may not transfer, sell, assign, or license your account to another person.

SECTION 2 – OUR PRODUCTS

We make reasonable efforts to accurately display and describe our products and services. However, product colors, appearance, and other details may vary depending on your device, screen settings, photography, lighting, or other factors.

We cannot guarantee that the appearance, color, or quality of a product will exactly match what is displayed on your screen or meet every individual expectation.

Product descriptions, availability, and other information may be changed without prior notice.

We reserve the right to discontinue any product or limit available quantities at our discretion, subject to applicable law.

SECTION 3 – ORDERS

Placing an order constitutes an offer to purchase. Margaret & Birdie reserves the right to accept, decline, or cancel an order where permitted by applicable law.

An order is not considered accepted until your payment has been successfully authorized and the order has been processed and confirmed.

Because our fulfillment process may begin shortly after an order is placed, we cannot guarantee that an accepted order can be canceled once processing has begun.

If we need to modify or cancel an order, we will make reasonable efforts to contact you using the information provided when the order was placed.

All purchases are subject to our Return & Refund Policy [LINK].

Unless otherwise stated, products purchased through our store are intended for personal or household use and not for unauthorized commercial resale.

SECTION 4 – PRICING & BILLING

Product prices are subject to change without notice. The price charged for a product will generally be the price displayed when you complete your purchase, subject to the correction of errors as permitted by applicable law.

Unless otherwise stated, prices may not include applicable taxes, duties, customs charges, import fees, or other charges that may apply to your order.

Where we offer free shipping, standard shipping charges will not be added to eligible orders in accordance with our Shipping Policy.

You agree to provide current, complete, and accurate billing and payment information.

By submitting payment information, you authorize us and our payment service providers to charge your selected payment method for your order and any applicable charges disclosed at checkout.

SECTION 5 – SHIPPING & DELIVERY

Delivery times provided on our website are estimates and are not guaranteed.

Orders are generally processed within 1–3 business days. Once shipped, orders typically arrive within 5–12 business days. Certain locations, including remote or rural areas, Alaska, Hawaii, U.S. territories, or areas with limited carrier services, may require approximately 8–20 business days.

Margaret & Birdie works with international logistics and fulfillment partners, including facilities located in Asia. Your order may therefore be shipped from outside the United States.

Delivery may be affected by circumstances outside our reasonable control, including carrier delays, customs processing, severe weather, holidays, and periods of unusually high shipping volume.

Additional shipping terms are provided in our Shipping Policy [LINK].

SECTION 6 – INTELLECTUAL PROPERTY

Unless otherwise stated, all content available through our Services, including text, branding, logos, graphics, photographs, videos, website elements, and design materials, is owned by or licensed to Margaret & Birdie and may be protected by applicable intellectual property laws.

You may use our Services for personal, non-commercial purposes.

You may not copy, reproduce, distribute, modify, republish, sell, commercially exploit, or otherwise use protected content without authorization from the applicable rights holder.

SECTION 7 – OPTIONAL TOOLS

We may provide access to third-party tools or services that we do not monitor or control.

Such tools may be provided on an “as is” and “as available” basis without warranties from Margaret & Birdie, except where otherwise required by law.

Your use of third-party tools is at your own discretion and may be subject to additional terms established by the applicable third-party provider.

SECTION 8 – THIRD-PARTY LINKS

Our Services may contain links to third-party websites or services that are not owned, operated, or controlled by Margaret & Birdie.

We are not responsible for the content, accuracy, privacy practices, availability, or policies of third-party websites.

Your use of third-party websites and services is subject to their respective terms and policies.

SECTION 9 – RELATIONSHIP WITH SHOPIFY

Margaret & Birdie is powered by Shopify, which provides technology that enables us to operate our online store.

All purchases made through our store are transactions directly between you and Margaret & Birdie, unless otherwise expressly stated.

Shopify is not the seller of the products offered by Margaret & Birdie and is not responsible for fulfilling orders or resolving disputes between you and Margaret & Birdie, except to the extent Shopify separately provides services directly to you.

SECTION 10 – PRIVACY

Personal information collected through our Services is handled in accordance with our Privacy Policy [LINK].

Certain services and technologies used by our store may also be provided by third parties, including Shopify, and your information may be processed in accordance with their applicable privacy policies.

By using our Services, you acknowledge the data practices described in our Privacy Policy.

SECTION 11 – FEEDBACK

If you voluntarily submit feedback, suggestions, ideas, reviews, or other materials to Margaret & Birdie, you grant us a worldwide, royalty-free, non-exclusive license to use, reproduce, modify, publish, and otherwise use such feedback for legitimate business purposes, subject to applicable law.

We are not required to compensate you for unsolicited feedback or suggestions.

SECTION 12 – ERRORS, INACCURACIES & OMISSIONS

Occasionally, our website or Services may contain typographical errors, inaccuracies, or omissions relating to product descriptions, pricing, promotions, availability, shipping information, or other content.

We reserve the right to correct errors, inaccuracies, or omissions and to update information where appropriate.

Where permitted by applicable law, we may cancel an order affected by a material pricing or information error and issue any applicable refund.

SECTION 13 – PROHIBITED USES

You may not use the Services for unlawful, fraudulent, abusive, misleading, harmful, or unauthorized purposes.

This includes, but is not limited to, using the Services to violate applicable laws, infringe intellectual property rights, transmit malware, engage in fraud, collect information unlawfully, interfere with website security, or otherwise harm Margaret & Birdie, our customers, or third parties.

Violations may result in restriction or termination of access to the Services.

SECTION 14 – TERMINATION

We may suspend or terminate your access to the Services if you materially violate these Terms of Service, misuse the Services, engage in fraudulent activity, or where suspension or termination is otherwise permitted by applicable law.

Obligations and liabilities incurred before termination will survive termination where appropriate.

You may stop using our Services at any time.

SECTION 15 – DISCLAIMER OF WARRANTIES

To the fullest extent permitted by applicable law, the Services are provided on an “as is” and “as available” basis.

We do not guarantee that access to the Services will always be uninterrupted, timely, secure, or error-free.

Nothing in these Terms is intended to exclude warranties, protections, or other rights that cannot legally be excluded under applicable law.

SECTION 16 – LIMITATION OF LIABILITY

To the fullest extent permitted by applicable law, Margaret & Birdie, its owners, affiliates, employees, contractors, agents, and service providers will not be liable for indirect, incidental, special, punitive, or consequential damages arising from your use of the Services.

Nothing in these Terms limits or excludes liability that cannot legally be limited or excluded under applicable law.

SECTION 17 – INDEMNIFICATION

To the extent permitted by applicable law, you agree to indemnify and hold harmless Margaret & Birdie, Shopify, and their respective owners, affiliates, employees, contractors, agents, and service providers from third-party claims arising from your material violation of these Terms, applicable law, or the rights of another party.

SECTION 18 – SEVERABILITY

If any provision of these Terms of Service is determined to be unlawful, invalid, or unenforceable, that provision will be enforced to the maximum extent permitted by law or severed where necessary.

The remaining provisions will continue in full force and effect.

SECTION 19 – WAIVER; ENTIRE AGREEMENT

These Terms of Service, together with the policies and other terms expressly incorporated by reference, constitute the entire agreement between you and Margaret & Birdie regarding your use of the Services.

Our failure to enforce any provision of these Terms does not constitute a waiver of that provision or any other right.

SECTION 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 where permitted by applicable law, including in connection with a merger, acquisition, restructuring, or sale of our business or assets.

SECTION 21 – GOVERNING LAW

These Terms of Service are governed by applicable law.

Any mandatory rights or protections available to consumers under applicable federal or state law remain unaffected by these Terms.

SECTION 22 – HEADINGS

The headings used in these Terms are included for convenience only and will not limit or otherwise affect the interpretation of these Terms.

SECTION 23 – CHANGES TO THESE TERMS

We may update or modify these Terms of Service from time to time.

Any updated Terms will be posted on our website. Where appropriate, we will also update the effective date.

Your continued use of the Services after updated Terms become effective constitutes acceptance of those updated Terms to the extent permitted by applicable law.