Terms of service

TERMS OF SERVICE

OVERVIEW

Welcome to Nancy & Ruth Melbourne! The terms "we", "us" and "our" refer to Nancy & Ruth Melbourne. Nancy & Ruth Melbourne operates this store and website, including all related information, content, features, tools, products and services in order to provide you, the customer, with a curated shopping experience (the "Services"). Nancy & Ruth Melbourne is powered by Shopify, which enables us to provide the Services to you.

The below terms and conditions, together with any policies referenced herein (these "Terms of Service" or "Terms") describe your rights and responsibilities when you use the Services.

Please read these Terms of Service carefully, as they include important information about your legal rights and cover areas such as warranty disclaimers 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 Privacy Policy, you should not use or access our Services.

SECTION 1 - ACCESS AND ACCOUNT

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

To use the Services, including accessing or browsing our online stores or purchasing any of the products or services we offer, you may be asked to provide certain information, such as your email address, billing, payment, and shipping information. You represent and warrant that all the information you provide in our stores is correct, current and complete and that you have all rights necessary to provide this information.

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

SECTION 2 - OUR PRODUCTS

We have made every effort to provide an accurate representation of our products and services in our online stores. However, please note that colors or product appearance may differ from how they may appear on your screen due to the type of device you use to access the store and your device settings and configuration.

We do not warrant that the appearance or quality of any products or services purchased by you will meet your expectations or be the same as depicted or rendered in our online stores.

All descriptions of products are subject to change at any time without notice at our sole discretion. We reserve the right to discontinue any product at any time and may limit the quantities of any products that we offer to any person, geographic region or jurisdiction, on a case-by-case basis, subject to applicable law.

SECTION 3 - ORDERS

When you place an order, you are making an offer to purchase. Nancy & Ruth Melbourne reserves the right to accept or decline your order for any reason at its discretion, subject to applicable law. Your order is not accepted until Nancy & Ruth Melbourne confirms acceptance. We must receive and process your payment before your order is accepted.

Please review your order carefully before submitting, as Nancy & Ruth Melbourne may be unable to accommodate cancellation requests after an order is accepted. In the event that we do not accept, make a change to, or cancel an order, we will attempt to notify you by contacting the email address, billing address, and/or phone number provided at the time the order was made.

Your purchases are subject to return or exchange in accordance with our Return & Refund Policy [LINK] and applicable consumer protection laws.

You represent and warrant that your purchases are for your own personal or household use and not for commercial resale or export.

SECTION 4 - PRICES AND BILLING

Prices, discounts and promotions are subject to change without notice. The price charged for a product or service will be the price in effect at the time the order is placed and will be set out in your order confirmation email. Unless otherwise expressly stated, posted prices may exclude taxes, shipping, handling, customs or import charges. Any additional charges applicable to your order will be disclosed as required by law.

Prices posted in our online stores may be different from prices offered in physical stores or in online or other stores operated by third parties. We may offer, from time to time, promotions on the Services that may affect pricing and that are governed by terms and conditions separate from these Terms. If there is a conflict between the terms for a promotion and these Terms, the promotion terms will govern to the extent permitted by applicable law.

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

You represent and warrant that (i) the credit card information you provide is true, correct, and complete, (ii) you are duly authorized to use such credit card for the purchase, (iii) charges incurred by you will be honored by your credit card company, and (iv) you will pay charges incurred by you at the displayed prices, including applicable shipping and handling charges and taxes, where applicable.

SECTION 5 - SHIPPING AND DELIVERY

Delivery times provided by Nancy & Ruth Melbourne are estimates and are not guaranteed. Delays may occur due to shipping carriers, customs processing, weather, incorrect or incomplete addresses, or other circumstances outside our reasonable control.

We will make reasonable efforts to assist customers with shipping and delivery issues. Nothing in these Terms excludes or limits any rights or remedies available to consumers under applicable law, including any rights relating to delivery, non-delivery, loss or damage.

SECTION 6 - INTELLECTUAL PROPERTY

Our Services, including but not limited to all trademarks, brands, text, displays, images, graphics, product reviews, video, and audio, and the design, selection, and arrangement thereof, are owned by Nancy & Ruth Melbourne, its affiliates or licensors and are protected by applicable intellectual property laws.

These Terms permit you to use the Services for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on the Services without our prior written consent, except as permitted by applicable law.

Except as expressly provided herein, nothing in these Terms grants or shall be construed as granting a license or other rights to you under any patent, trademark, copyright, or other intellectual property of Nancy & Ruth Melbourne, Shopify or any third party. Unauthorized use of the Services may violate applicable intellectual property laws. All rights not expressly granted herein are reserved by Nancy & Ruth Melbourne.

Nancy & Ruth Melbourne's names, logos, product and service names, designs, and slogans are trademarks of Nancy & Ruth Melbourne or its affiliates or licensors. You must not use such trademarks without the prior written permission of the relevant rights holder. Shopify's name, logo, product and service names, designs and slogans are trademarks of Shopify. All other names, logos, product and service names, designs, and slogans on the Services are the trademarks of their respective owners.

SECTION 7 - OPTIONAL TOOLS

You may be provided with access to customer tools offered by third parties as part of the Services, which we neither monitor nor have any control nor input.

You acknowledge and agree that we provide access to such tools "as is" and "as available" without any warranties, representations or conditions of any kind and without any endorsement, to the extent permitted by applicable law. We shall have no liability arising from or relating to your use of optional third-party tools, except where liability cannot lawfully be excluded.

Any use by you of the optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).

We may also, in the future, offer new features through the Services (including the release of new tools and resources). Such new features shall also be deemed part of the Services and are subject to these Terms of Service.

SECTION 8 - THIRD-PARTY LINKS

The Services may contain materials and hyperlinks to websites provided or operated by third parties (including any embedded third-party functionality). We are not responsible for examining or evaluating the content or accuracy of any third-party materials or websites you choose to access. If you decide to leave the Services to access these materials or third-party sites, you do so at your own risk.

To the extent permitted by applicable law, we are not liable for harm or damages arising from your access to third-party websites or your purchase or use of products, services, resources, or content on third-party websites. Please review carefully the third party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products and services should be directed to the relevant third party.

SECTION 9 - RELATIONSHIP WITH SHOPIFY

Nancy & Ruth Melbourne is powered by Shopify, which enables us to provide the Services to you. However, any sales and purchases you make in our Store are made directly with Nancy & Ruth Melbourne. By using the Services, you acknowledge that Shopify provides the technology that powers our store and is not the seller of products purchased directly from Nancy & Ruth Melbourne.

To the extent permitted by applicable law, Shopify is not responsible for the products sold directly by Nancy & Ruth Melbourne or for disputes arising from transactions between you and Nancy & Ruth Melbourne. Nothing in this section excludes or limits any rights or remedies that cannot legally be excluded or limited.

SECTION 10 - PRIVACY POLICY

All personal information we collect through the Services is subject to our Privacy Policy, which can be viewed here [LINK], and certain personal information may be subject to Shopify's Privacy Policy, which can be viewed here [LINK]. By using the Services, you acknowledge that you have read these privacy policies.

Because the Services are hosted by Shopify, Shopify collects and processes personal information about your access to and use of the Services in order to provide and improve the Services for you. Information you submit to the Services may be transmitted to and shared with Shopify as well as third parties that may be located in countries other than where you reside, in order to provide services to you.

Review our Privacy Policy [LINK] for more details 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, "Feedback"), you grant us a worldwide, royalty-free license to use, reproduce, modify, publish, distribute and display such Feedback in any medium for purposes related to operating, providing, evaluating, enhancing, improving and promoting the Services, subject to applicable law and any rights that cannot legally be waived or licensed.

You also represent and warrant that: (i) you own or have all necessary rights to all Feedback; (ii) you have disclosed any compensation or incentives received in connection with your submission of Feedback; and (iii) your Feedback will comply with these Terms. We are under no obligation (1) to maintain your Feedback in confidence, except as required by law or our Privacy Policy; (2) to pay compensation for your Feedback, unless otherwise agreed; or (3) to respond to your Feedback.

We may, but have no obligation to, monitor, edit or remove Feedback that we determine in our reasonable 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 any right 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 or otherwise unlawful, abusive or obscene content, or contain any computer virus or other malware that could affect the operation of the Services or any related website.

You may not use a false email address, pretend to be someone other than yourself, or otherwise mislead us or third parties as to the origin of any Feedback. You are solely responsible for any Feedback you make and its accuracy. We take no responsibility and assume no liability for any Feedback posted by you or any third party, to the extent permitted by applicable law.

SECTION 12 - ERRORS, INACCURACIES AND OMISSIONS

Occasionally there may be information on or in the Services that contains typographical errors, inaccuracies or omissions relating to product descriptions, pricing, promotions, offers, product shipping charges, transit times 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 is inaccurate, subject to applicable law. If a change affects an order you have already placed, we will take any notification or other action required by law.

SECTION 13 - PROHIBITED USES

You may access and use the Services for lawful purposes only. You may not access or use the Services, directly or indirectly:

(a) for any unlawful or malicious purpose;

(b) to violate any applicable international, federal, state, provincial, territorial or local laws or regulations;

(d) to harass, abuse, insult, harm, defame, slander, disparage, or intimidate our employees or any other person;

(e) to transmit false or misleading information;

(f) to transmit, knowingly receive, upload, download, use, or re-use any material that does not comply with these Terms;

(g) to transmit, or procure the sending of, any advertising or promotional material, including any "junk mail," "chain letter," "spam," or any other similar solicitation;

(h) to impersonate or attempt to impersonate any other person or entity; or

(i) to engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Services, or which may harm Nancy & Ruth Melbourne, Shopify or users of the Services, or expose them to liability.

In addition, you agree not to:

(a) upload or transmit viruses or any other type of malicious code that will or may affect the functionality or operation of the Services;

(b) reproduce, duplicate, copy, extract, sell, resell or exploit any portion of the Services except as expressly permitted by us or applicable law;

(d) spam, phish, pharm, or pretext the Services;

(e) use any robot, spider, scraping, data gathering and extraction tools, automatic devices or processes, AI tools (such as agentic AI) or automated or manual means to access the Services in a manner that violates these Terms or applicable law; or

(f) interfere with, bypass, or circumvent the security or authorization features, robot exclusion headers, or other measures we employ to restrict access to the Services.

We reserve the right to suspend, disable, or terminate your account where we reasonably determine that you have violated these Terms, subject to applicable law.

SECTION 14 - AGENTS

14.1

This section ("Agent Terms") applies if you use, allow, enable, or cause the deployment of an Agent to access, use, or interact with any Services. "Agent" means any software or service that takes autonomous or semi-autonomous action on behalf of, or at the instruction of, any person or entity and that can be executed on behalf of or using a person's device, without direct supervision.

14.2

No Agent may access, use, or interact with Services unless, at all times, it identifies itself and operates in accordance with the requirements in Section 14.4 below. In addition, no Agent may access, use, or interact with Services if we have requested that the Agent refrain from accessing, using, or interacting with any Service.

14.3

We may limit, including by technical measures, whether and how any Agent accesses, uses, and interacts with Services.

14.4

Agents must:

(i) in all HTTP/HTTPS requests, identify that the request is from an Agent and disclose the name of the Agent by including the following in the request's user agent string: "Agent/[agent name]";

(ii) not conceal or obfuscate that any access, use, or interactions are from an Agent, such as by mimicking human behavior and interaction patterns or completing or circumventing CAPTCHAs or measures intended to distinguish computer use from humans;

(iii) respond truthfully to any question or prompt seeking to determine if interactions are coming from a human or a computer; and

(iv) not circumvent or otherwise avoid any measure intended to block, limit, modify, or control whether and how Agents access, use, or interact with Services.

SECTION 15 - TERMINATION

We may terminate this agreement or your access to the Services, or any part thereof, where permitted by applicable law. You remain liable for all amounts due up to and including the date of termination.

The following sections will continue to apply following any termination to the extent relevant: 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 16 - DISCLAIMER OF WARRANTIES

The information presented on or through the Services is made available for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information, except as required by applicable law. Any reliance you place on such information is at your own risk.

EXCEPT AS EXPRESSLY STATED BY NANCY & RUTH MELBOURNE OR REQUIRED BY APPLICABLE LAW, THE SERVICES AND PRODUCTS OFFERED THROUGH THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" TO THE EXTENT PERMITTED BY LAW, WITHOUT REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE, AND NON-INFRINGEMENT.

WE DO NOT GUARANTEE THAT YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS. IN SUCH JURISDICTIONS, THE ABOVE EXCLUSIONS APPLY ONLY TO THE EXTENT PERMITTED BY LAW. NOTHING IN THESE TERMS EXCLUDES, RESTRICTS OR MODIFIES ANY CONSUMER GUARANTEE, RIGHT OR REMEDY THAT CANNOT LAWFULLY BE EXCLUDED, RESTRICTED OR MODIFIED.

SECTION 17 - LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NANCY & RUTH MELBOURNE, OUR PARTNERS, DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, SERVICE PROVIDERS OR LICENSORS, OR THOSE OF SHOPIFY AND ITS AFFILIATES, SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING FROM YOUR USE OF THE SERVICES OR PRODUCTS PURCHASED THROUGH THE SERVICES, INCLUDING LOST PROFITS, LOST REVENUE, LOST SAVINGS OR LOSS OF DATA, EXCEPT WHERE SUCH LIABILITY CANNOT LAWFULLY BE EXCLUDED OR LIMITED.

NOTHING IN THESE TERMS EXCLUDES OR LIMITS LIABILITY FOR FRAUD, FRAUDULENT MISREPRESENTATION, DEATH OR PERSONAL INJURY CAUSED BY NEGLIGENCE, OR ANY OTHER LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

WHERE LIABILITY MAY LAWFULLY BE LIMITED, ANY SUCH LIMITATION SHALL APPLY ONLY TO THE EXTENT PERMITTED BY THE LAW APPLICABLE TO THE RELEVANT TRANSACTION.

SECTION 18 - INDEMNIFICATION

To the extent permitted by applicable law, you agree to indemnify and hold harmless Nancy & Ruth Melbourne, Shopify, and our affiliates, partners, officers, directors, employees, agents, contractors, licensors, and service providers from third-party claims, losses, liabilities or expenses, including reasonable legal fees, arising directly from your unlawful use of the Services, your violation of these Terms, or your infringement of a third party's rights.

We will notify you of any claim for which indemnification is sought, where reasonably practicable. You will reasonably cooperate in the defense of such claims.

Nothing in this section requires you to indemnify us for our own negligence, misconduct, breach of law or contractual obligations, or any matter for which such indemnification would be prohibited by applicable law.

SECTION 19 - SEVERABILITY

In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, that provision shall be enforced to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed severed from these Terms of Service.

Such determination shall not affect the validity and enforceability of any other remaining provisions.

SECTION 20 - WAIVER; ENTIRE AGREEMENT

Our failure to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of that right or provision.

These Terms of Service and any policies or operating rules posted by us on this site or in respect of the Services constitute the entire agreement and understanding between you and us and govern your use of the Services, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, including prior versions of the Terms of Service, to the extent permitted by applicable law.

Any ambiguities in the interpretation of these Terms of Service shall be interpreted in accordance with applicable law.

SECTION 21 - 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, except where permitted by applicable law. Any attempted assignment in violation of this section shall be ineffective to the extent permitted by law.

We may transfer, assign, or delegate these Terms and our rights and obligations where permitted by applicable law.

SECTION 22 - GOVERNING LAW

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws applicable to the operator of Nancy & Ruth Melbourne, subject to any mandatory consumer protection laws that apply in the country, state or territory where you reside.

Nothing in these Terms deprives consumers of the benefit of any mandatory protections afforded by the laws that apply to their transaction.

SECTION 23 - HEADINGS

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

SECTION 24 - CHANGES TO TERMS OF SERVICE

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

We reserve the right, to the extent permitted by applicable law, 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. We will notify you of material changes in accordance with applicable law, and such changes will be effective on the date specified in the notice.

Your continued use of or access to the Services following the posting of changes to these Terms of Service constitutes acceptance of those changes to the extent permitted by applicable law.

SECTION 25 - CONTACT INFORMATION

Questions about the Terms of Service should be sent to us at:

Nancy & Ruth Melbourne
Email: support@nancyruthmelbourne.com

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