Terms of service
TERMS OF SERVICE
GENERAL INFORMATION
Welcome to MISTARA! The terms “we”, “us”, and “our” refer to MISTARA. MISTARA operates this store and website, including all information, content, features, tools, products, and services available to you, the customer, to provide a premium shopping experience (the “Services”). MISTARA uses Shopify technology to deliver these Services.
The following terms and conditions, together with any policies referenced in this document (these “Terms of Service” or “Terms”), govern your rights and responsibilities when using the Services.
Please read these Terms of Service carefully, as they contain important information about your legal rights and cover areas such as warranties, disclaimers, and limitation of liability.
By visiting, interacting with, or using our Services, you agree to be bound by these Terms of Service and our Privacy Policy. If you do not agree with these Terms of Service or the Privacy Policy, you should not use or access our Services.
SECTION 1 – ACCESS AND ACCOUNT
By accepting these Terms of Service, you represent that you are at least the age of majority in your state or province of residence and have given us consent to allow any of your minor dependents to use the Services on devices that 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 information you provide on our store is accurate, up to date, and complete, and that you have all necessary rights to provide this information.
You are solely responsible for maintaining the security of your account credentials and for all activity on your account. You may not transfer, sell, assign, or license your account to any other person.
SECTION 2 – OUR PRODUCTS
We have made every effort to display our products and services as accurately as possible on our online store. However, please note that the colors or appearance of a product may differ from how they appear on your screen due to the type of device you use to access the store and its settings.
We do not guarantee that the appearance or quality of any product or service you purchase will meet your expectations or be exactly as shown or presented on our online stores.
All product descriptions may be modified at any time without prior notice at our sole discretion. We reserve the right to discontinue the sale of any product at any time and may limit the quantities of any product we offer to any person, geographic region, or jurisdiction.
SECTION 3 – ORDERS
When you place an order, you are making an offer to purchase. MISTARA reserves the right to accept or reject your order for any reason, at its sole discretion. Your order will not be accepted until MISTARA confirms its acceptance. We must receive and process your payment before accepting your order.
You should carefully review your orders before completing the purchase, as MISTARA may not be able to process cancellation requests after an order has been accepted. In the event that we do not accept, modify, or cancel an order, we will attempt to notify you by contacting you via the email address, billing address, or phone number you provided when placing the order.
You may return or exchange your purchase only in accordance with our refund policy.
You represent and warrant that your purchase is for personal or household use and not for resale or commercial export.
SECTION 4 – PRICING AND BILLING
Prices, discounts, and promotions are subject to change without prior 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 indicated in the order confirmation email sent to you.
Unless expressly stated otherwise, published prices do not include taxes, shipping, handling, customs duties, or import charges.
Published prices on our online stores may differ from prices offered in physical stores or on other third-party websites. From time to time, we may offer promotions on the Services that may affect pricing strategies and are governed by terms and conditions that differ from these Terms. In the event of a conflict between the terms of a promotion and these Terms, the promotion terms will prevail.
You agree to provide current, complete, and accurate purchase, payment, and account information for all purchases made on 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 transaction 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) the charges incurred will be accepted by your credit card company; and (iv) you will pay the charges incurred at the published prices, including shipping and handling fees and all applicable taxes, if any.
SECTION 5 – SHIPPING AND DELIVERY
We are not responsible for any delays in shipping and delivery. All delivery times are estimates only and are not guaranteed. We will not be liable for delays caused by the shipping company, customs procedures, or events beyond our control. Once we transfer products to the shipping company, title and risk of loss pass to you.
SECTION 6 – INTELLECTUAL PROPERTY
Our Services, including but not limited to all trademarks, trade names, text, samples, images, graphics, product reviews, videos, and audio, as well as the design, selection, and arrangement thereof, are the property of MISTARA, its affiliates, or licensors and are protected by U.S. and foreign patents, copyrights, and other intellectual property laws.
These Terms permit you to use the Services solely for your personal, non-commercial use. You may not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any material from the Services without our prior written consent.
Except as expressly provided herein, nothing in these Terms grants or shall be construed as granting you a license or any other rights under any patent, trademark, copyright, or other intellectual property of MISTARA, Shopify, or any third party.
The names, logos, product and service names, designs, and slogans of MISTARA are trademarks of MISTARA or its affiliates or licensors. You may not use such trademarks without the prior written permission of MISTARA. The name, logo, product and service names, designs, and slogans of Shopify are trademarks of Shopify. All other names, logos, product and service names, designs, and slogans on the Services are trademarks of their respective owners.
SECTION 7 – OPTIONAL TOOLS
You may be provided access to third-party customer tools as part of the Services. We do not monitor, control, or have any input over these tools.
You acknowledge and agree that we provide access to such tools “as is” and “as available,” without warranties, representations, or conditions of any kind, and without any endorsement. We shall have no liability arising from or related to your use of third-party optional tools.
Any use you make of optional tools offered through the site is entirely at your own risk and discretion. You should ensure that you are familiar with and accept the terms under which the tools are provided by the relevant third-party providers.
We may also, in the future, offer new features through the Services (including the launch of new tools and resources). These new features will also be considered part of the Services and will be 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 functionality embedded by third parties). We are not responsible for examining or evaluating the content or accuracy of any third-party material or website that you choose to access. If you decide to leave the Services to access these third-party materials or sites, you do so at your own risk.
We will not be liable for any damage or loss related to your access to any third-party website, or your purchase or use of any product, service, resource, or content on any third-party website. Please carefully review the third party’s policies and practices and make sure you understand them before engaging in any transaction. Complaints, claims, concerns, or questions regarding third-party products and services should be directed to the third party.
SECTION 9 – RELATIONSHIP WITH SHOPIFY
MISTARA operates using Shopify technology, which enables us to provide you with the Services. However, any sale or purchase you make in our store is made directly with MISTARA. By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of the sales between you and MISTARA, including any injury, damage, or loss resulting from the purchase of products and services. You hereby expressly release Shopify and its affiliates from any claims, damages, and liabilities arising out of or related to your purchase and transaction with MISTARA.
SECTION 10 – PRIVACY POLICY
All personal information we collect through the Services is subject to our Privacy Policy, which can be found here, and certain personal information may also be subject to Shopify’s Privacy Policy, which can be found here. By using the Services, you acknowledge that you have read this Privacy Policy.
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 our Services. The information you submit to the Services will be transmitted and shared with Shopify, as well as with third parties that may be located in a country other than where you reside, in order to provide you with the services. Please review our Privacy Policy [LINK] for more information on how we, Shopify, and our partners use your personal information.
SECTION 11 – COMMENTS AND FEEDBACK
If you submit, upload, post, email, or otherwise transmit ideas, suggestions, comments, reviews, proposals, plans, or other content (collectively, “Feedback”), you grant us a perpetual, worldwide, sublicensable, royalty-free license to use, reproduce, modify, publish, distribute, and display such Feedback in any medium for any purpose, including commercial use.
We may, for example, use our rights under this license to operate, provide, evaluate, improve, optimize, and promote the 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 have all necessary rights to all Feedback; (ii) you have disclosed any compensation or incentive received in connection with submitting your Feedback; and (iii) your Feedback complies with these Terms.
We have no obligation to: (1) keep your Feedback confidential; (2) pay compensation for your Feedback; or (3) respond to your Feedback.
We may, but are not obligated to, monitor, edit, or remove Feedback that we determine, in our sole discretion, to be illegal, offensive, threatening, defamatory, libelous, pornographic, obscene, or otherwise objectionable or that violates the intellectual property rights of any party or these Terms of Service.
You agree that your Feedback will not infringe upon the rights of any third party, including copyright, trademark, privacy, personality, or other personal or proprietary rights. You also agree that your Feedback will not contain defamatory or otherwise illegal, abusive, or obscene comments, nor will it contain any computer virus or other malware that may affect the operation of the Services or any related website.
You may not use a false email address, impersonate any person other than yourself, or mislead us or third parties as to the origin of any Feedback. You are solely responsible for any Feedback you make and for its accuracy. We assume no responsibility for any Feedback posted by you or any third party.
SECTION 12 – ERRORS, INACCURACIES, AND OMISSIONS
From time to time, there may be information on or in the Services that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing strategies, 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 at any time without prior notice (including after you have submitted your order).
SECTION 13 – PROHIBITED USES
You may access and use the Services only for lawful purposes. You may not access or use the Services, directly or indirectly: (a) for any unlawful or malicious purpose; (b) to violate any regulation, rule, international, federal, provincial, or state law, or local ordinance; (c) to infringe or violate our intellectual property rights or the intellectual property rights of others; (d) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or harm any of our employees or any other person; (e) to transmit false or misleading information; (f) to send, knowingly receive, upload, download, use, or reuse 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 that, as we determine, may harm MISTARA, Shopify, or the users of the Services, or expose them to any liability.
In addition, you agree not to: (a) upload or transmit viruses or any other type of malicious code that is or may be used in any way that affects the functionality or operation of the Services; (b) reproduce, duplicate, copy, extract, sell, resell, or exploit any part of the Services; (c) collect or track the personal information of others; (d) spam, phish, pharm, or pretext the services; (e) use any robot, spider, scraper, data collection and extraction tools, devices or automated processes, artificial intelligence tools (such as agentic AI), or automated or manual means to access the Services; or (f) interfere with, circumvent, or bypass the security or authorization functions, 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 at any time, without prior notice, if we determine that you have violated any part of these Terms.
SECTION 14 – AGENTS
14.1 This section (“Agent Terms”) applies if you use, permit, enable, or cause the deployment of an Agent to access, use, or interact with any Service. “Agent” means any software or service that performs autonomous or semi-autonomous actions on behalf of or at the instruction of any person or entity and that may run on behalf of or using the person’s device, without direct supervision.
14.2 No Agent may access, use, or interact with the Services unless, at all times, it identifies itself and operates in strict compliance with the requirements of section 14.4 below. In addition, no Agent may access, use, or interact with the Services if we have requested that the Agent refrain from accessing, using, or interacting with any Service.
14.3 We may limit, including through technical measures, the access, use, and interaction of any Agent with the Services and how it does so.
14.4 Agents must: (i) in every HTTP/HTTPS request, identify that the request comes from an Agent and disclose the name of the Agent by including the following in the user-agent field of the request: “Agent/[agent name]”; (ii) not conceal or create confusion about whether any access, use, or interaction comes from an Agent, such as by (a) mimicking human behavior and interaction patterns, or (b) completing or bypassing CAPTCHAs or measures intended to distinguish computer use from human use; (iii) respond truthfully to any question or instruction seeking to determine whether interactions come 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 the Services.
SECTION 15 – TERMINATION
We may terminate this agreement or your access to the Services (or any part thereof) at our sole discretion at any time without prior notice, and you will remain responsible for all amounts due up to and including the date of termination.
The following sections will continue to apply after any termination: Intellectual Property, Comments, 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 provided for general informational purposes only. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability arising from any reliance placed on such materials by you or any other visitor to the Services, or by any person who may be informed of any of its Contents.
UNLESS EXPRESSLY STATED BY [THE ENTREPRENEUR], THE SERVICES AND ALL PRODUCTS OFFERED THROUGH THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” FOR YOUR USE, WITHOUT ANY REPRESENTATION, WARRANTY, OR CONDITION OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABILITY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE, AND NON-INFRINGEMENT.
WE DO NOT WARRANT, REPRESENT, OR GUARANTEE THAT YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR OTHER TYPES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOUR CASE.
SECTION 17 – LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL [THE ENTREPRENEUR], OUR PARTNERS, DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, SERVICE PROVIDERS, OR LICENSORS, OR THOSE OF SHOPIFY AND ITS AFFILIATES, BE LIABLE FOR ANY INJURY, LOSS, CLAIM, OR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS, LOSS OF REVENUE, LOSS OF SAVINGS, LOSS OF DATA, COST OF REPLACEMENT, OR ANY SIMILAR DAMAGES, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, ARISING OUT OF YOUR USE OF ANY OF THE SERVICES OR ANY PRODUCT PURCHASED USING THE SERVICES, OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SERVICES OR ANY PRODUCT, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND SUFFERED AS A RESULT OF THE USE OF THE SERVICES OR ANY CONTENT (OR PRODUCT) POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICES, EVEN IF ADVISED OF THE POSSIBILITY THEREOF.
SECTION 18 – INDEMNIFICATION
You agree to indemnify, defend, and hold harmless MISTARA, Shopify, and our affiliates, partners, officers, directors, employees, agents, contractors, licensors, and service providers from any loss, damage, liability, or claim, including attorneys’ fees, payable to any third party due to or arising out of (1) your breach of these Terms of Service or the documents incorporated by reference, (2) your violation of any law or the rights of a third party, or (3) your access to and use of the Services.
We will notify you of any indemnifiable claim, provided that failure to notify promptly shall not relieve you of your obligations unless you suffer material prejudice. We may control the defense and resolution of such claim at your expense, including the selection of counsel, but we will not settle any claim that imposes non-monetary obligations on you without your consent (which shall not be unreasonably withheld). You shall cooperate in the defense of indemnification claims, including by providing relevant documents.
SECTION 19 – SEVERABILITY
If any provision of these Terms of Service is found to be unlawful, void, or unenforceable, such provision shall nevertheless be enforceable to the maximum extent permitted by applicable law, and the unenforceable portion shall be deemed excluded from these Terms of Service. Such determination shall not affect the validity and enforceability of the remaining provisions.
SECTION 20 – WAIVER; ENTIRE AGREEMENT
The failure to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in connection with the Service constitute the complete agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications, and proposals, whether oral or written, between you and us (including, but not limited to, any prior version of the Terms of Service).
Any ambiguity in the interpretation of these Terms of Service shall not be construed against the party that drafted them.
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, and any such attempt shall be void. We may transfer, assign, or delegate these Terms and our rights and obligations without your consent or notice to you.
SECTION 22 – GOVERNING LAW
These Terms of Service and any separate agreement under which we provide you with Services shall be governed by and construed in accordance with the federal and state or territorial courts of the jurisdiction where MISTARA has its registered office. You and MISTARA agree to the personal jurisdiction and venue of such courts.
SECTION 23 – HEADINGS
The headings used in this agreement are included for convenience only and shall not limit or otherwise affect these Terms.
SECTION 24 – CHANGES TO THE 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, at our sole discretion, to update, change, or replace any part of these Terms of Service by posting the update and changes on our website. It is your responsibility to review our website periodically for changes. We will notify you of any material changes to these Terms in accordance 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 after the posting of any changes to these Terms of Service constitutes acceptance of those changes.
SECTION 25 – CONTACT INFORMATION
Questions about the Terms of Service should be sent to infoproclare@gmail.com.
Our contact information is as follows:
PROCLARE infoproclare@gmail.com