Terms of Service
OVERVIEW
Welcome to Mirelth™! The terms “we”, “us” and “our” refer to Mirelth™. We operate this official online store and associated website, including all related information, content, functions, tools, products and services, to deliver a tailored home goods shopping experience for you as our customer (collectively referred to as the “Services”). Our store is built and hosted on the Shopify platform, which enables us to provide these Services to you.
The terms and conditions set forth below, together with all policies referenced in this document (collectively these “Terms of Service” or “Terms”), define your rights and responsibilities when accessing and using our Services.
Please read these Terms of Service carefully, as they contain important information regarding your legal rights, including warranty disclaimers and limitations of liability.
By visiting, browsing, interacting with or using our Services, you acknowledge and agree to be bound by these Terms of Service and our Privacy Policy. If you do not accept all terms of this agreement and our Privacy Policy, you must discontinue access to and use of our Services immediately.
SECTION 1 - ACCESS AND ACCOUNT
By agreeing to these Terms of Service, you confirm that you have reached the age of majority in your state or jurisdiction of residence, and that you have the authority to permit any minor dependents in your care to use the Services on devices owned, purchased or managed by you.
To use the Services, including browsing our store or purchasing any home and lifestyle products we offer, you may be asked to provide certain personal details, such as your email address, billing information, payment details and shipping address. You represent and warrant that all information you submit through our store is accurate, up to date and complete, and that you hold all necessary rights to provide such information to us.
You bear full and sole responsibility for safeguarding the confidentiality of your account login credentials, and for all activities conducted under your account. You may not transfer, sell, assign, sublicense or share your account with any third party.
SECTION 2 - OUR PRODUCTS
We make every reasonable effort to present our home goods products with faithful visual accuracy on our online store. Please note, however, that product colors, finishes, dimensions and visual appearance may appear differently across devices, due to variations in display technology and individual device settings and configurations.
We do not provide any guarantee that the appearance, quality or performance of any products you purchase will fully match your expectations, or will be identical to the depictions and renderings shown on our online store.
All product descriptions, specifications and pricing are subject to modification at any time without prior notice, at our sole discretion. We reserve the right to discontinue any product at any time, and may limit purchase quantities for any product for any individual, geographic region or jurisdiction on a case-by-case basis.
SECTION 3 - ORDERS
Submitting an order through our store constitutes a binding offer to purchase the selected items. Mirelth™ reserves the right to accept or decline your order for any reason, at our full discretion. Your order is not deemed officially accepted until Mirelth™ issues a formal order confirmation to you. Full payment must be received and processed before your order is formally accepted.
Please double-check your order details carefully before submission, as Mirelth™ may not be able to process cancellation requests once an order has been officially accepted. In the event that we reject, modify or cancel your order, we will make reasonable efforts to notify you via the email address, billing contact or phone number you provided at the time of purchase.
All purchases are subject to return and exchange solely in accordance with our official Return & Refund Policy.
You represent and warrant that all purchases you make are for your personal or household use only, and not for commercial resale, bulk distribution or unauthorized export.
SECTION 4 - PRICES AND BILLING
All listed prices, promotional discounts and special offers are subject to adjustment without prior notice. The price charged for any product will be the price in effect at the time you place your order, and will be clearly stated in your order confirmation email. Unless explicitly stated otherwise, all listed prices exclude applicable taxes, shipping fees, handling charges, customs duties and import fees.
Prices listed on our online store may differ from prices offered at physical retail locations, or on third-party operated online stores and marketplaces. We may run limited-time promotions on the Services from time to time, which may affect pricing and are governed by separate promotional terms and conditions. In the event of a conflict between promotional terms and these Terms of Service, the promotional terms shall prevail.
You agree to provide current, complete and accurate purchase, payment and account information for all transactions made on our store. You also agree to update your account and contact information promptly — including your email address, credit card numbers and card expiration dates — to ensure we can complete your transactions smoothly and contact you when necessary.
You represent and warrant that: (i) all credit card and payment information you provide is true, accurate and complete; (ii) you are fully authorized to use the selected payment method for your purchase; (iii) all charges incurred by you will be honored by your card issuer or payment provider; and (iv) you will pay all applicable charges at the posted prices, including shipping and handling fees and all relevant taxes where applicable.
SECTION 5 - SHIPPING AND DELIVERY
We assume no liability for shipping delays or delivery disruptions. All stated delivery timeframes are estimates only and do not constitute guaranteed delivery dates. We are not responsible for delays caused by shipping carriers, customs clearance procedures, or any events beyond our reasonable control. Once products are handed over to the shipping carrier, ownership of the goods and all risk of loss or damage transfers to you.
SECTION 6 - INTELLECTUAL PROPERTY
All content and assets included in our Services — including but not limited to all trademarks, brand assets, text, page displays, images, graphics, product reviews, video and audio content, as well as the overall design, selection and arrangement of all materials — are the exclusive property of Mirelth™, its affiliated entities or licensed partners, and are protected by United States and international patent, copyright and other intellectual property laws.
These Terms grant you permission to use the Services for your personal, non-commercial use only. You may not reproduce, distribute, modify, create derivative works from, publicly display, publicly perform, republish, download, store or transmit any content or materials from the Services without our prior written consent.
Except as explicitly stated in these Terms, nothing in this agreement shall be interpreted as granting any license or rights to you under any patent, trademark, copyright or other intellectual property owned by Mirelth™, Shopify or any third party. Unauthorized use of our Services may violate federal and state intellectual property laws. All rights not expressly granted herein are reserved by Mirelth™.
The Mirelth™ name, logo, product and service names, design assets and slogans are trademarks of Mirelth™, its affiliates or its licensors. You may not use any of these trademarks without our prior written approval. The Shopify name, logo, product and service names, designs and slogans are trademarks of Shopify. All other brand names, logos, product and service names, designs and slogans appearing on the Services are the trademarks of their respective owners.
SECTION 7 - OPTIONAL TOOLS
As part of the Services, you may be granted access to optional tools and features provided by third-party service providers. We do not monitor, control or contribute to the development, functionality or content of these third-party tools.
You acknowledge and agree that we provide access to such tools on an “as is” and “as available” basis, without any warranties, representations or conditions of any kind, and without any endorsement of such tools. We shall have no liability whatsoever arising from or relating to your use of these optional third-party tools.
Any use by you of the optional tools offered through our site is entirely at your own risk and discretion. We recommend that you review and agree to the terms of service provided by the relevant third-party providers before using their tools.
We may also introduce new features and functionalities through the Services in the future, including the release of new tools and resources. All such new features shall also be deemed part of the Services and subject to these Terms of Service.
SECTION 8 - THIRD-PARTY LINKS
Our Services may contain materials and hyperlinks directing to websites owned or operated by third parties, including any embedded third-party features and functionalities. We are not responsible for reviewing, evaluating or verifying the content, accuracy or safety of any third-party materials or websites you choose to access. If you choose to leave our Services to visit third-party websites or resources, you do so entirely at your own risk.
We shall not be liable for any harm, loss or damages related to your access to third-party websites, or your purchase or use of any products, services, resources or content available on such third-party websites. Please carefully review the policies and practices of third-party websites and ensure you understand them before completing any transactions. All complaints, claims, concerns or questions regarding third-party products and services should be directed to the relevant third party directly.
SECTION 9 - RELATIONSHIP WITH SHOPIFY
[NOTE TO MERCHANT: This section accurately characterizes Shopify’s relationship with your store and should not be removed or modified.]
Mirelth™ is powered by Shopify, which provides the e-commerce platform and hosting that enable us to deliver our Services to you. However, all sales and purchases completed in our store are conducted directly between you and Mirelth™. By using the Services, you acknowledge and agree that Shopify bears no responsibility for any aspect of the sales transactions between you and Mirelth™, including any injury, damage or loss resulting from products or services purchased through our store. You hereby expressly release Shopify and its affiliated entities from all claims, damages and liabilities arising from or related to your purchases and transactions with Mirelth™.
SECTION 10 - PRIVACY POLICY
All personal information we collect through the Services is governed by our Privacy Policy, which is available on our dedicated Privacy Policy page. Certain personal information may also be subject to Shopify’s Privacy Policy, which can be viewed on Shopify’s official website. By using our Services, you acknowledge that you have read and understood both privacy policies.
Because our Services are hosted by Shopify, Shopify collects and processes personal information related to your access and use of the Services in order to operate, maintain and improve the platform. Information you submit through the Services will be transmitted to and shared with Shopify, as well as third-party service providers that may be located in countries other than your country of residence, for the purpose of delivering services to you. Please refer to our Privacy Policy for more detailed information on how we, Shopify and our partners use your personal information.
SECTION 11 - FEEDBACK
If you submit, upload, post, email or otherwise transmit any ideas, suggestions, feedback, reviews, proposals, plans or other content (collectively referred to as “Feedback”), you hereby grant us a perpetual, worldwide, sublicensable, royalty-free license to use, reproduce, modify, publish, distribute and display such Feedback in any media and for any purpose, including commercial use. For example, we may exercise these rights to operate, provide, evaluate, enhance, improve and promote our Services, and to fulfill our obligations and exercise our rights under these Terms of Service.
You also represent and warrant that: (i) you own or hold all necessary rights to all Feedback you submit; (ii) you have disclosed any compensation or incentives received in connection with the submission of your Feedback; and (iii) your Feedback complies fully with these Terms.
We are under no obligation to: (1) keep your Feedback confidential; (2) pay you any form of compensation for your Feedback; or (3) respond to your Feedback.
We may, but are not obligated to, monitor, edit or remove any Feedback that we determine, in our sole discretion, to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable, or that violates any party’s intellectual property rights or these Terms of Service.
You agree that your Feedback will not violate the rights of any third party, including copyright, trademark, privacy, personality or other personal or proprietary rights. You further agree that your Feedback will not contain libelous, unlawful, abusive or obscene content, or any computer virus or malicious code that could disrupt the operation of the Services or any related website. You may not use a false email address, impersonate another person or entity, or otherwise mislead us or third parties regarding the origin of any Feedback. You are solely responsible for all Feedback you post and for its accuracy. We assume no responsibility and accept no liability for any Feedback posted by you or any third party.
SECTION 12 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally, information available through our Services may contain typographical errors, inaccuracies or omissions related to product descriptions, pricing, promotions, special offers, shipping charges, transit times and product availability. We reserve the right to correct any such errors, inaccuracies or omissions, and to update or amend information or cancel orders if any information is found to be inaccurate, at any time and without prior notice — even after you have submitted your order.
SECTION 13 - PROHIBITED USES
You may only access and use our Services for lawful, legitimate purposes. You may not access or use the Services, directly or indirectly, to:
- engage in any unlawful or malicious activity
- violate any international, federal, provincial or state regulations, laws, rules or local ordinances
- infringe upon or violate our intellectual property rights or the intellectual property rights of others
- harass, abuse, insult, harm, defame, slander, disparage, intimidate or discriminate against our employees or any other individual
- transmit false or misleading information
- send, knowingly receive, upload, download, use or re-use any material that does not comply with these Terms
- transmit or facilitate the sending of any advertising or promotional material, including “junk mail”, “chain letters”, “spam” or any other form of unsolicited solicitation
- impersonate or attempt to impersonate any other person or entity
- engage in any other conduct that restricts or inhibits anyone else’s use or enjoyment of the Services, or that, in our sole judgment, may harm Mirelth™, Shopify, other users of the Services, or expose them to legal liability
Additionally, you agree not to:
- upload or transmit viruses or any other form of malicious code that could impair the functionality or operation of the Services
- reproduce, duplicate, copy, sell, resell or exploit any portion of the Services for commercial purposes
- collect or track the personal information of other users
- engage in spamming, phishing, pharming, pretexting, spidering, crawling or scraping of our Services
- interfere with or circumvent the security features of the Services, any related website, or other internet platforms
We reserve the right to suspend, disable or terminate your account at any time without notice, if we determine that you have violated any provision of these Terms.
SECTION 14 - TERMINATION
We may terminate this agreement, or your access to all or any part of the Services, at our sole discretion at any time without prior notice. You will remain liable for all amounts owed to us up to and including the date of termination.
The following sections shall remain in full force and effect following any termination of this agreement: Intellectual Property, Feedback, Termination, Disclaimer of Warranties, Limitation of Liability, Indemnification, Severability, Waiver; Entire Agreement, Assignment, Governing Law, Privacy Policy, and any other provisions that by their nature should survive termination.
SECTION 15 - DISCLAIMER OF WARRANTIES
All information presented on or through the Services is provided for general informational purposes only. We do not warrant the accuracy, completeness or practical usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Services, or by anyone who may be informed of any of its contents.
EXCEPT AS EXPRESSLY STATED BY MIRELTH™, THE SERVICES AND ALL PRODUCTS OFFERED THROUGH THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS FOR YOUR USE, WITHOUT ANY REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED. THIS INCLUDES ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE AND NON-INFRINGEMENT.
WE DO NOT GUARANTEE, REPRESENT OR WARRANT THAT YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERRORS. SOME JURISDICTIONS LIMIT OR PROHIBIT THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES, SO THE ABOVE DISCLAIMER MAY NOT FULLY APPLY TO YOU.
SECTION 16 - LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL MIRELTH™, OUR PARTNERS, DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, SERVICE PROVIDERS OR LICENSORS, NOR SHOPIFY AND ITS AFFILIATES, BE LIABLE FOR ANY INJURY, LOSS, CLAIM, OR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES OF ANY KIND.
THIS INCLUDES, 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 ANY OTHER LEGAL THEORY, ARISING FROM YOUR USE OF ANY OF THE SERVICES OR ANY PRODUCTS PURCHASED THROUGH THE SERVICES, OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SERVICES OR ANY PRODUCT.
THIS APPLIES TO, BUT IS NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF THE SERVICES OR ANY CONTENT OR PRODUCT POSTED, TRANSMITTED OR OTHERWISE MADE AVAILABLE VIA THE SERVICES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
SECTION 17 - INDEMNIFICATION
You agree to indemnify, defend and hold harmless Mirelth™, Shopify, and our respective affiliates, partners, officers, directors, employees, agents, contractors, licensors and service providers from and against all losses, damages, liabilities and claims — including reasonable attorneys’ fees — payable to any third party, arising from or related to:
- your breach of these Terms of Service or any documents incorporated by reference herein
- your violation of any applicable law or the rights of any third party
- your access to and use of the Services
We will provide you with prompt notice of any indemnifiable claim; provided, however, that a failure to provide prompt notice shall not relieve you of your indemnification obligations unless you are materially prejudiced by such delay. We may assume exclusive control over the defense and settlement of any such claim at your expense, including the selection of legal counsel. We will not settle any claim that imposes non-monetary obligations on you without your prior written consent, which shall not be unreasonably withheld. You agree to cooperate fully with the defense of any indemnified claims, including by providing relevant documentation and information.
SECTION 18 - SEVERABILITY
If any provision of these Terms of Service is found to be unlawful, void or unenforceable by a court of competent jurisdiction, such provision shall nonetheless be enforced to the fullest extent permitted by applicable law. The unenforceable portion shall be deemed severed from these Terms of Service, and such determination shall not affect the validity and enforceability of any other remaining provisions.
SECTION 19 - WAIVER; ENTIRE AGREEMENT
Our failure to exercise or enforce any right or provision set forth in these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service, together with all policies and operating rules posted by us on this website in relation to the Services, constitute the entire agreement and understanding between you and us. They govern your use of the Services and supersede all prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us — including but not limited to any prior versions of the Terms of Service.
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
SECTION 20 - ASSIGNMENT
You may not delegate, transfer or assign this Agreement or any of your rights or obligations under these Terms without our prior written consent, and any such unauthorized attempt shall be null and void. We may transfer, assign or delegate these Terms and all corresponding rights and obligations without prior consent or notice to you.
SECTION 21 - GOVERNING LAW
These Terms of Service and any separate agreements through which we provide Services to you shall be governed by and construed in accordance with the federal laws of the United States and the state laws of California, where Mirelth™ is headquartered. You and Mirelth™ consent to the exclusive venue and personal jurisdiction of the state and federal courts located in California.
SECTION 22 - HEADINGS
The section headings used in this agreement are included for organizational convenience only, and shall not limit, define or otherwise affect the interpretation of these Terms.
SECTION 23 - CHANGES TO TERMS OF SERVICE
You may review the most current version of these Terms of Service at any time on this page.
We reserve the right, at our sole discretion, to update, modify or replace any part of these Terms of Service by posting the revised version on our website. It is your responsibility to check our website periodically for any updates or changes. We will notify you of any material changes to these Terms in compliance with applicable law, and such changes will take effect on the date specified in the notice. Your continued use of or access to the Services following the posting of any changes to these Terms of Service constitutes your acceptance of those changes.
SECTION 24 - CONTACT INFORMATION
Questions, comments or concerns regarding these Terms of Service may be sent to us at service@gustlift.com.
Our full contact information is listed below:
Mirelth™
4902 Stevens Creek Blvd
San Jose, CA 95129
United States
Email: service@gustlift.com