Terms of Use

TERMS OF SERVICE AND USE POLICY 

Last Updated:  August 22, 2018 

This website is operated by Casa M Spice Co. Throughout the Site, the terms “we,” “us” and “our” refer to Casa M Spice Co. Casa M Spice Co offers this Site, including all information, tools and services available from this Site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here. 

Your visit to and use of our Site and/ or your purchase of products from us, constitutes your agreement to be bound by the terms and conditions set forth in this Terms of Service and Use Policy (‘Terms of Use”) as well as the terms and conditions of Casa M Spice Co’s other policies, such as our Privacy Policy.  These Terms of Use apply to all usersof our Site, including users who are browsers, vendors, customers, merchants, and/ or other contributors.

We ask that you please read these Terms of Use carefully before accessing or using our Site. By accessing or using any part of the Site, you agree to be bound by these Terms of Use. If you do not agree to all of our terms and conditions, then you may not access the Site or use any services.

We and/or our third party vendors may, from time to time, add new features or tools to our current online store shall also be subject to these Terms of Use. You can review the most current version of our Terms of Use at any time on this page. We reserve the right to update, change or replace any part of these Terms of Use by posting updates and/or changes to our Site, with or without notice to you. It is your responsibility to check this page periodically for changes. Your continued use of or access to our Site following the posting of any changes constitutes acceptance of those changes.

Our online store is hosted on Shopify Inc. Shopify provides us with the online e-commerce platform that allows us to sell our products and services to you and may have terms and conditions that also apply to your use of our Site. 

OUR ONLINE STORE TERMS

Age of Majority.  By using our Site, you represent that you are at least the age of eighteen (18) in your state or province of residence, or country of residence.  If you are not at least 18 years of age, you may not purchase Products on our Site.

Use Only for Legal Purposes.  You may not use our Site or our Products for any illegal or unauthorized purpose nor may you, in the use of our Site, violate any laws in your jurisdiction including intellectual property laws.  You must not transmit any worms or viruses or any code of a destructive nature through our Site.  A breach or violation by you of any of the Terms of Use for our Site will result in an immediate termination of your access to our Site. 

GENERAL TERMS AND CONDITIONS

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

You understand that your information (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Site, without the express written permission of Casa M Spice Co. 

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

PURCHASES OF PRODUCT ON OUR SITE

If you purchase any Product available through our Site, you may be asked to supply certain information relevant to your Purchase including, without limitation, your credit card number, the expiration date of your credit card, your billing address, and your shipping information. This information constitutes your Personal Information and is subject to our separate Privacy Policy. 

In making any purchase through the Site, you represent and warrant that: (i) you have the legal right to use any credit card(s) or other payment method(s) in connection with any Purchase; and that (ii) the information you supply to us is true, correct and complete. After you place an Order with us, we will notify you when your Order is shipped.  Our Site uses third party platforms and/or services for the purpose of facilitating payment and the completion of Purchases. By submitting your information, you grant us the right to provide the information to these third parties subject to our Privacy Policy. We reserve the right to refuse or cancel your order at any time for reasons including but not limited to: product availability, errors in the description or price of the product, error in your order or other reasons. We reserve the right to refuse or cancel your order if fraud or an unauthorized or illegal transaction is suspected.

ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

We constantly are updating product information and service offerings on the Site. We may experience delays in updating information on the Site and in our advertising on other websites. The information found on the Site may contain errors or inaccuracies and may not be complete or current. Products or services may be mispriced, described inaccurately, or unavailable on the Site and we cannot guarantee the accuracy or completeness of any information found on the Site. We therefore reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.

CONTESTS, SWEEPSTAKES AND PROMOTIONS

Any contests, sweepstakes or other promotions (collectively, "Promotions") made available through our Site may be governed by rules that are separate from these Terms of use. If you participate in any Promotion, please review the applicable rules as well as our Privacy Policy. If the rules for a Promotion conflict with these Terms of Use, the rules for the Promotion shall apply. 

ACCOUNTS AND ACCOUNT INFORMATION

When you create an account with us, you guarantee that you are above the age of 18, and that the information you provide us is accurate, complete and current at all times and in all respects. Inaccurate, incomplete or obsolete information may result in the immediate termination of your account on the Site. You are responsible for maintaining the confidentiality of your account and password, including but not limited to the restriction of access to your computer and/or account. You agree to accept responsibility for any and all activities or actions that occur under your account and/or password, whether your password is with our Site or a third-party website. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account. You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you, without appropriate authorization. You may not use as a username any name that is offensive, vulgar or obscene. We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in our sole discretion.

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the email and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

We have separate Return and Shipping Policies. Please refer to those policies for additional information related to your purchase of Product through our Site. 

LINKS TO OTHER WEBSITES

Our Site may contain links to third party websites or websites that are not owned or controlled by Casa M Spice Co. Casa M Spice Co has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third party websites. We do not warrant the offerings of any of these entities/individuals or their websites. You acknowledge and agree that Casa M Spice Co shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or websites available on or through any such third party web sites. We strongly advise you to read the terms and conditions and privacy policies of any third party website that you visit.

PERSONAL INFORMATION

Your submission of Personal Information to us through our Site is governed by our Privacy Policy. 

INTELLECTUAL PROPERTY

 The Site and its original content, features and functionality are and will remain the exclusive property of Casa M Spice Co, its affiliates and/or its licensors. Our Site is protected by copyright, trademark, and other laws of both the United States and foreign countries. Our intellectual property may not be used in connection with any product or website without the prior express written consent of Casa M Spice Co.

ERRORS, INACCURACIES AND OMISSIONS 

Occasionally, we may inadvertently have information on our Site that contains typographical errors, inaccuracies and/or omissions that may relate 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 and/or cancel orders if necessary if information on the Site is inaccurate.

We undertake no obligation to update, amend or clarify information on the Site, except as required by law.

PROHIBITED USES

In addition to any other prohibitions that may be set forth in these Terms of Use, you are prohibited from using our Site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Site for violating any of the prohibited uses. 

TERMINATION OF YOUR ACCOUNT

We may terminate or suspend your account and bar access to the Site immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the Terms of Use. If you wish to terminate your account, you may simply discontinue using the Site. All provisions of these Terms of Use which by their nature survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

INDEMNIFICATION

You agree to defend, indemnify and hold harmless Casa M Spice Co, its licensee and licensors, and its officers, directors, employees, partners, agents, representatives, contractors, suppliers or affiliates, from and against any and all claims, damages, obligations, losses, liabilities, costs or debts, and expenses (including but not limited to attorneys’ fees), resulting from or arising out of, directly or indirectly, a) your use and access of the Site, by you or any person using your account and password, or b) a breach of these Terms of Use.

LIMITATION OF LIABILITY

In no event shall Casa M Spice Co, nor any of its officers, directors, employees, partners, agents, representatives, contractors, suppliers or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use or goodwill, or any other intangible losses, resulting from (i) your access to or use of or inability to access or use the Site; (ii) any conduct or content of any third party on the Site; (iii) any content obtained from the Site; (iv) unauthorized access, use or alteration of your transmissions or content, or (v) any breach of the Terms of Use by Casa M Spice Co, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have knowledge of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.  In addition, neither Casa M Spice Co nor any of its officers, directors, employees, partners, agents, representatives, contractors, suppliers or affiliates shall be liable for any delay in shipping any Products or failure of any Product to perform for the purpose for which it is purchased.

DISCLAIMER

Your use of the Site is at your sole risk. The Site is provided on an "AS IS" and "AS AVAILABLE" basis. The Site is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance. Casa M Spice Co its subsidiaries, affiliates, and its licensors do not warrant that a) the Site will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Site is free of viruses or other harmful components; or d) the results of using the Site will meet your requirements.

SEVERABILITY

In the event that any provision of these Terms of Use is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Use, such determination shall not affect the validity and enforceability of any other remaining provisions.

GOVERNING LAW

These Terms of Use shall be governed and construed in accordance with the laws of the State of Texas, United States of America, without regard to conflict of law provisions. You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to this Site or the purchase of Casa M Spice Co shall lie exclusively in the state or federal courts located in Dallas County, Dallas, Texas, and by your use of the Site or purchase of any Products, you expressly consent and agree to such jurisdiction.  Point of sale of for all Purchases shall be Dallas, Texas.  Any failure to enforce any right or provision of these Terms shall not be construed as a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court of competent jurisdiction, the remaining provisions of these Terms shall remain in full force and effect.

CHANGES TO TERMS OF USE

You can review the most current version of our Terms of Use at any time at this page. We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Use by posting updates and changes to our Site. It is your responsibility to check our Site periodically for changes. Your continued use of or access to our Site following the posting of any changes to these Terms of Use constitutes acceptance of those changes.

MISCELLANEOUS

These Terms of Use constitute the entire agreement between us regarding our Site and the use thereof, and supersede and replace any prior agreements regarding the Site. We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will provide at least 30 days advance notice prior to any new terms taking effect. What constitutes a material change will be determined in our sole discretion. By continuing to access or use our Site after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Site. 

CONTACT US 

Questions about our Terms of Use or any other Casa M Spice Co company can be directed to us via email at info@casamspice.comor by mail to:

 

Casa M Spice Company, LLC

3501 Chimney Rock Dr.

Flower Mound TX 75022

United States