Terms of service
TERMS OF SERVICE
OVERVIEW
This website is operated by Hail Mahakala. Throughout the site, the terms “we”, “us” and “our” refer to Hail Mahakala.
Hail Mahakala offers this website, including all information, tools, products and services available from this site to you, the user, subject to your acceptance of the terms, conditions, policies and notices stated here.
By visiting our website and/or purchasing something from us, you engage in our “Service” and agree to be bound by these Terms of Service (“Terms”), including any additional terms, conditions and policies referenced herein or made available on our website.
These Terms apply to all users of the website, including browsers and customers.
Please read these Terms carefully before accessing or using our website. If you do not agree to these Terms, you should not use the website or our Services.
We may update or change these Terms from time to time by publishing the revised version on our website. The current version will always be available on this page.
Our online store is hosted by Shopify Inc., which provides the ecommerce platform that enables us to sell our products and Services to you.
SECTION 1 – ONLINE STORE TERMS
By using this website, you represent that you are legally capable of entering into a binding contract in your jurisdiction of residence, or that you are using the Service with the permission of a parent or legal guardian where required by law.
You may not use our products or Services for any illegal or unauthorised purpose, nor may you violate any applicable laws in your use of the Service, including intellectual property laws.
You must not transmit viruses, malicious code or other material intended to interfere with or damage the operation of the website or Service.
A material breach of these Terms may result in termination of your access to the Service.
SECTION 2 – GENERAL CONDITIONS
We reserve the right to refuse or cancel Service where we have a legitimate reason to do so, subject always to applicable law and any existing contractual obligations to customers.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, website or its content without our express written permission, except where permitted by law.
The headings used in these Terms are included for convenience only and do not affect their interpretation.
SECTION 3 – ACCURACY AND TIMELINESS OF INFORMATION
We make reasonable efforts to ensure that information provided on our website is accurate and current.
From time to time, information may require correction or updating, and we reserve the right to make such changes where necessary.
Historical or general information provided on the website is supplied for reference purposes and may not always reflect the most current information.
Nothing in this section limits our obligations to provide customers with accurate information about products, prices, delivery, returns or other matters required by applicable consumer law.
SECTION 4 – MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products may change from time to time.
Any price applicable to your purchase will be clearly displayed before you place your order.
We reserve the right to modify, suspend or discontinue any part of the website or Service, subject to our obligations in relation to orders already accepted.
SECTION 5 – PRODUCTS AND SERVICES
Our products are available for purchase through our online store.
We make reasonable efforts to display product descriptions, colours, images, sizes and other information as accurately as possible. However, the appearance of colours may vary depending on your device, display settings and other factors.
Product availability may vary by location, size, design or other factors.
We reserve the right to limit the sale of products to particular persons, geographic regions or jurisdictions where reasonably necessary or required by law.
We may also limit quantities, discontinue products or change product descriptions and prices from time to time.
Returns, refunds and exchanges are governed by our Returns Policy, available on our website.
Nothing in these Terms affects your statutory rights as a consumer. Goods supplied by us must meet the standards required by applicable consumer law, including where applicable requirements that goods are of satisfactory quality, fit for purpose and as described.
SECTION 6 – ORDERS, BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse or cancel an order where we have a legitimate reason to do so, including suspected fraud, pricing or listing errors, product unavailability or orders that appear to have been placed for unauthorised resale.
If we cancel an order after payment has been taken, we will provide an appropriate refund where required.
If we need to change or cancel an order, we may contact you using the email address, billing address or telephone number provided when the order was placed.
You agree to provide current, complete and accurate purchase and account information when making a purchase and to update relevant information where necessary.
For information regarding returns, refunds and exchanges, please refer to our Returns Policy available on our website.
SECTION 7 – THIRD-PARTY SERVICES AND TOOLS
Our website may use or provide access to services, tools or functionality supplied by third parties.
We do not control every aspect of third-party services and cannot guarantee their continuous availability.
Your use of third-party services may also be subject to the relevant third party's terms and policies.
Nothing in this section excludes any responsibility that cannot lawfully be excluded.
SECTION 8 – THIRD-PARTY LINKS
Our website may contain links to third-party websites or services that are not operated or controlled by Hail Mahakala.
We are not responsible for the content, accuracy, availability or practices of independent third-party websites.
You should review the terms and policies of third-party websites before entering into transactions or providing personal information to them.
SECTION 9 – USER COMMENTS, FEEDBACK AND SUBMISSIONS
If you submit feedback, suggestions, comments or other material to us, you confirm that you have the right to provide that material.
You must not submit material that is unlawful, abusive, defamatory, obscene, misleading, infringes the rights of another person, contains malicious software or otherwise violates applicable law.
We may remove or decline to publish material that we reasonably believe violates these Terms or applicable law.
You remain responsible for the accuracy and legality of material you submit.
SECTION 10 – PERSONAL INFORMATION
Our collection and use of personal information is governed by our Privacy Policy, available on our website.
Please review our Privacy Policy for information about how we collect, use, store and protect personal information.
SECTION 11 – ERRORS, INACCURACIES AND OMISSIONS
Occasionally, information on our website may contain typographical errors, inaccuracies or omissions relating to matters such as product descriptions, pricing, promotions, shipping charges, delivery estimates or availability.
We reserve the right to correct errors and update information where necessary.
If an error affects an order you have already placed, we will act in accordance with applicable consumer law and contact you where appropriate.
Nothing in this section affects your statutory rights.
SECTION 12 – PROHIBITED USES
You may not use our website or its content:
(a) for any unlawful purpose;
(b) to encourage or participate in unlawful activity;
(c) to infringe our intellectual property rights or those of another person;
(d) to harass, threaten, abuse, defame or unlawfully discriminate against another person;
(e) to submit false or misleading information;
(f) to upload or transmit viruses, malware or other malicious code;
(g) to unlawfully collect or track personal information;
(h) to spam, phish, scrape or otherwise misuse the website;
(i) to interfere with or circumvent the security or operation of the website or Service; or
(j) for any other purpose prohibited by applicable law.
We may restrict or terminate access to the Service where these provisions are materially violated.
SECTION 13 – WARRANTIES AND LIMITATION OF LIABILITY
Nothing in these Terms excludes or limits any rights or remedies you have under applicable consumer law, including your statutory rights concerning goods that are faulty, not as described or otherwise fail to meet legal requirements.
We do not guarantee that access to our website or Service will always be uninterrupted, secure or error-free. Access may occasionally be suspended or restricted for maintenance, updates or circumstances outside our reasonable control.
To the extent permitted by law, Hail Mahakala will not be responsible for losses that were not reasonably foreseeable when a contract was formed, or for losses caused by circumstances outside our reasonable control.
We do not exclude or limit liability where it would be unlawful to do so, including liability that cannot legally be excluded or restricted under applicable consumer protection law.
SECTION 14 – INDEMNIFICATION
Where permitted by applicable law, you agree to be responsible for losses reasonably incurred by Hail Mahakala as a direct result of your unlawful use of the website, your material breach of these Terms or your infringement of another person's rights.
Nothing in this section limits any rights or protections available to you under applicable consumer law.
SECTION 15 – SEVERABILITY
If any provision of these Terms is determined by a court or other competent authority to be unlawful, invalid or unenforceable, that provision will be treated as modified or removed to the minimum extent necessary.
The remaining provisions will continue in full force and effect.
SECTION 16 – TERMINATION
These Terms remain effective while you use our website or Services.
You may stop using the Service at any time.
We may suspend or terminate access to the Service where we reasonably believe that a user has materially breached these Terms or applicable law.
Termination will not affect rights or obligations that arose before termination, including obligations relating to purchases already made.
SECTION 17 – ENTIRE AGREEMENT
These Terms of Service, together with the policies and other terms expressly incorporated into them, constitute the agreement between you and Hail Mahakala concerning your use of the website and Service.
Failure by us to exercise or enforce a right under these Terms does not constitute a waiver of that right.
Nothing in these Terms excludes any rights that cannot legally be excluded under applicable consumer law.
SECTION 18 – GOVERNING LAW
These Terms of Service and any contracts between you and Hail Mahakala are governed by the laws of England and Wales.
Nothing in this section affects any rights you may have under mandatory consumer protection laws applicable in your country of residence.
SECTION 19 – CHANGES TO THESE TERMS
The most current version of these Terms of Service will be available on this page.
We may update these Terms from time to time to reflect changes to our Services, business practices or legal requirements.
Any updated Terms will apply from the date they are published, except where applicable law requires otherwise.
SECTION 20 – CONTACT INFORMATION
If you have any questions about these Terms of Service, please contact:
Hail Mahakala
Email: allhailmahakala@gmail.com
Further contact information is available on our Contact page.