These Terms & Conditions ("Terms") constitute a legally binding agreement between you ("Customer," "you," or "your") and Mt. Zion Mercantile ("Company," "we," "us," or "our") governing your access to and use of the website, including all content, features, products, and services offered thereon (collectively, the "Services"). By accessing or using the Services, creating an account, or placing an order, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy, which is incorporated herein by reference. If you do not agree to these Terms, you must discontinue use of the Services immediately.
2. Eligibility
By using the Services, you represent and warrant that you are at least eighteen (18) years of age, or the age of majority in your jurisdiction of residence, and that you have the legal capacity to enter into a binding contract. The Services are not directed to, and should not be used by, individuals under the age of majority without the involvement of a parent or legal guardian.
3. Platform and Third-Party Service Providers
The Services are operated using the Shopify e-commerce platform. Certain products offered through the Services are produced, printed, and/or fulfilled by independent third-party providers, including but not limited to Printify and Zendrop (collectively, "Fulfillment Partners"). The Company is not the manufacturer of record for such products and relies upon Fulfillment Partners for production and shipping. Additional disclosures regarding the use of artificial intelligence tools by the Company and its Fulfillment Partners are set forth in the Company's separate AI Usage Policy, which is incorporated herein by reference.
4. Accounts
To access certain features of the Services, you may be required to create an account. You agree to provide accurate, current, and complete information during registration and to maintain and update such information as necessary. You are solely responsible for safeguarding your account credentials and for all activity that occurs under your account. You agree to notify the Company immediately of any unauthorized use of your account.
5. Products, Pricing, and Availability
Product Descriptions. The Company endeavors to display product descriptions, images, and pricing accurately; however, the Company does not warrant that product descriptions, colors, images, or other content available through the Services are accurate, complete, reliable, current, or error-free.
Pricing. All prices are listed in U.S. Dollars unless otherwise indicated and are subject to change without notice. The Company reserves the right to correct any pricing errors, including after an order has been submitted, and to cancel any order affected by such an error.
Availability. All products are subject to availability. The Company reserves the right to limit the quantity of any product offered, to discontinue any product at any time, and to refuse or cancel any order for any reason, including suspected fraud or violation of these Terms.
6. Orders and Payment
Placement of an order through the Services constitutes an offer to purchase the selected product(s), which is subject to acceptance by the Company.
By providing payment information, you represent and warrant that you are authorized to use the designated payment method and authorize the Company (or its third-party payment processor) to charge the applicable amount, including taxes and shipping fees, to that payment method.
The Company reserves the right to refuse or cancel any order at its sole discretion, including in cases of suspected fraudulent activity, pricing errors, or unavailability of product.
7. Shipping and Delivery
Shipping and delivery timeframes provided by the Company or its Fulfillment Partners are estimates only and are not guaranteed. The Company is not liable for delays caused by carriers, customs authorities, Fulfillment Partners, or other circumstances beyond its reasonable control. Risk of loss and title for products purchased pass to the Customer upon delivery to the carrier, except as otherwise provided in the Company's Returns, Replacements, and Refund Policy.
8. Returns, Replacements, and Refunds
All returns, replacements, and refund requests are governed by the Company's Returns, Replacements, and Refund Policy, which is incorporated herein by reference and available on the Site. By placing an order, you agree to the terms of that policy.
9. Intellectual Property
All content included on or made available through the Services, including text, graphics, logos, images, product designs, and software, is the property of the Company or its licensors and is protected by applicable intellectual property laws. Except as expressly permitted herein, you may not reproduce, distribute, modify, create derivative works from, publicly display, or otherwise exploit any content from the Services without the Company's prior written consent.
10. User Conduct
You agree not to:
Use the Services for any unlawful purpose or in violation of any applicable local, state, national, or international law;
Interfere with or disrupt the operation of the Services or the servers or networks used to make the Services available;
Attempt to gain unauthorized access to any portion of the Services, other accounts, or computer systems connected to the Services;
Use any automated means, including bots, scrapers, or spiders, to access the Services without the Company's prior written permission;
Submit false, misleading, or fraudulent information, including in connection with an order or a claim under the Returns, Replacements, and Refund Policy; or
Post or transmit any content that is unlawful, defamatory, obscene, or infringes upon the rights of any third party.
11. User-Generated Content
If the Services permit you to submit reviews, comments, or other content ("User Content"), you grant the Company a non-exclusive, royalty-free, perpetual, worldwide, and transferable license to use, reproduce, modify, publish, and display such User Content in connection with the Services and the Company's marketing activities. You represent and warrant that you own or have the necessary rights to submit such User Content and that it does not violate the rights of any third party.
12. Third-Party Links and Services
The Services may contain links to third-party websites or services that are not owned or controlled by the Company, including those of Fulfillment Partners and payment processors. The Company does not endorse and is not responsible for the content, privacy practices, or terms of service of any third-party sites. Your interactions with any third party are solely between you and that third party.
13. Disclaimer of Warranties
THE SERVICES AND ALL PRODUCTS OFFERED THROUGH THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. THE COMPANY DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE, OR THAT ANY DEFECTS WILL BE CORRECTED.
14. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE COMPANY, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, OR GOODWILL, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SERVICES OR ANY PRODUCTS PURCHASED THROUGH THE SERVICES, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE COMPANY'S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES SHALL NOT EXCEED THE AMOUNT PAID BY YOU FOR THE APPLICABLE PRODUCT(S) GIVING RISE TO THE CLAIM.
Some jurisdictions do not allow the exclusion or limitation of certain damages, so some of the above limitations may not apply to you.
15. Indemnification
You agree to indemnify, defend, and hold harmless the Company, its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses, including reasonable attorneys' fees, arising out of or in any way connected with your access to or use of the Services, your violation of these Terms, or your violation of any rights of a third party.
16. Governing Law and Dispute Resolution
These Terms shall be governed by and construed in accordance with the laws of the State of Tennessee, without regard to its conflict of laws principles. Any dispute arising out of or relating to these Terms or the Services shall be subject to the exclusive jurisdiction of the state and federal courts located in Monroe, Tennessee, and you consent to the personal jurisdiction of such courts.
17. Severability
If any provision of these Terms is found to be invalid or unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect, and the invalid or unenforceable provision shall be deemed modified to the minimum extent necessary to make it valid and enforceable.
18. Waiver
No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and the Company's failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.
19. Entire Agreement
These Terms, together with the Company's Privacy Policy, AI Usage Policy, and Returns, Replacements, and Refund Policy, constitute the entire agreement between you and the Company with respect to the Services and supersede all prior or contemporaneous understandings, agreements, representations, and warranties, whether written or oral.
20. Changes to These Terms
The Company reserves the right to modify these Terms at any time in its sole discretion. Any changes will be effective upon posting the revised Terms on the Site with an updated "Last Updated" date. Your continued use of the Services following the posting of revised Terms constitutes your acceptance of such changes.
21. Contact Information
If you have any questions regarding these Terms, please contact us at:
Mt. Zion Mercantile Email: admin@mtzionmercantile.com
