Terms of service
OVERVIEW
Welcome to MERCATORIOUS! The terms "we," "us," and "our" refer to MERCATORIOUS. MERCATORIOUS operates this store and website, including all related information, content, features, tools, products, and services, in order to provide you, the customer, with a thoughtful shopping experience (the "Services"). MERCATORIOUS is powered by Shopify, which enables us to provide you with the Services.
The following terms and conditions, along with any policies referenced herein (these "Terms of Service" or "Terms") describe your rights and obligations when using the Services.
Please read these Terms of Service carefully, as they include important information regarding your legal rights and cover areas such as warranty disclaimers and liability limitations.
When you visit, interact with, or use our Services, you agree to be bound by these Terms of Service and the Privacy Policy Privacy Policy Terms of Service. 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 agreeing to these Terms of Service, you represent that you have reached the required age in your state or region of residence and have given us your consent to allow any minor dependent of yours 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 details. You represent and warrant that all information you provide in our stores is accurate, up-to-date, and complete, and that you have all necessary rights to provide this information.
You have the sole responsibility to maintain the security of your account credentials and all account activities. You may not transfer, sell, assign, or grant a license to use your account to any other person.
SECTION 2 - OUR PRODUCTS
We have made every effort to provide an accurate depiction of our products and services in our online stores. However, please note that the colors or images of the products may differ from the depiction on your screen due to the type of device you are using to access the store and the settings and configurations of your device.
We do not guarantee that the appearance or quality of any products or services you purchase will meet your expectations or be the same as depicted or presented in our online stores.
All product descriptions 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 product we offer to any person, geographic area, or jurisdiction, as applicable. Some products are shipped directly from partnering suppliers or third-party warehouses.
SECTION 3 - ORDERS
When you place an order, you are making a purchase offer. MERCATORIOUS reserves the right to accept or reject your order for any reason at its discretion. Your order will not be accepted until MERCATORIOUS confirms acceptance. We must receive and process your payment before your order is accepted. Please carefully review your order before submitting it, as MERCATORIOUS may not be able to accommodate cancellation requests after the order is accepted. In the event that we do not accept, change, or cancel an order, we will attempt to notify you by contacting you via the email, billing address, and/or phone number you provided when placing the order.
Your purchases are subject to return or exchange only in accordance with the Refund Policy Refund Policy. You declare and guarantee that your purchases are intended for personal or household use and not for commercial resale or export.
SECTION 4 - PRICES AND CHARGES
Prices, discounts, and offers are subject to change without notice. The price charged for a product or service will be the price in effect at the time of the order and will be stated in your order confirmation email. Unless expressly stated otherwise, published prices do not include taxes, shipping, handling, customs duties, or import fees.
The prices published in our online stores may differ from the prices offered by physical stores or online or other stores operated by third parties. From time to time, we may offer promotions on the Services, which may affect prices and are governed by terms and conditions different from these Terms. In the event of a discrepancy between the terms of a promotion and these Terms, the terms of the promotion will apply.
You agree to provide updated, complete, and accurate purchase, payment, and account information for all purchases you make 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 when necessary.
You declare and guarantee that (i) the credit card information you provide is true, accurate, and complete, (ii) you are duly authorized to use the said credit card for the purchase, (iii) the charges you incur will be paid by your credit card company, and (iv) you will pay the charges incurred by you at the published prices, including shipping and handling fees and any applicable taxes. The customer is responsible for any customs duties, import taxes, or charges imposed by local authorities, unless otherwise specified.
SECTION 5 - SHIPPING AND DELIVERY
We are not responsible for shipping and delivery delays. All delivery times are estimates only and are not guaranteed. We are not responsible for delays caused by shipping carriers, customs processing, or events beyond our control. Once we deliver the products to the shipping carrier, title and risk of loss transfer to you.
SECTION 6 - INTELLECTUAL PROPERTY
Our Services, including but not limited to all trademarks, brand names, text, screens, images, graphics, product reviews, videos, and audio, as well as their design, selection, and arrangement, are owned by MERCATORIOUS, its subsidiaries, or its licensors and are protected by patents, copyrights, and other intellectual property laws of the U.S. and abroad.
These Terms allow you to use the Services only for personal, non-commercial use. You may not reproduce, distribute, modify, create derivative works, publicly display, publicly perform, republish, download, store, or transmit any material from the Services without our prior written consent. Unless expressly provided herein, nothing in these Terms grants or should be interpreted as granting you any license or other rights under any patent, trademark, copyright, or other intellectual property of MERCATORIOUS, Shopify, or any third party. Unauthorized use of the Services may violate federal and state intellectual property laws. All rights not expressly granted herein are reserved by MERCATORIOUS.
The names, logos, product and service names, designs, and slogans of MERCATORIOUS are its trademarks or those of its subsidiaries or licensors. You may not use these trademarks without the prior written permission of MERCATORIOUS. 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 in the Services are trademarks of their respective owners.
SECTION 7 - OPTIONAL TOOLS
You may be granted access to customer tools offered by third parties as part of the Services, which we do not monitor, control, or influence.
You acknowledge and agree that we provide access to these tools "as is" and "as available" without warranties, representations, or terms of any kind and without any support. We have no liability arising from or related to the use of optional third-party tools.
Any use by you of the optional tools offered through the website is entirely at your own risk and discretion, and you should ensure that you are informed and accept the terms under which the tools are provided by the respective third-party providers.
In the future, we may also offer new features through the Services (including the rollout of new tools and resources). Such new features are also considered part of the Services and are subject to these Terms of Service.
SECTION 8 - THIRD-PARTY LINKS
The Services may contain material and hyperlinks to websites provided or operated by third parties (including any embedded third-party features). We have no responsibility to monitor or evaluate the content or accuracy of any third-party material or websites you choose to access. If you decide to exit the Services to access such materials or third-party websites, you do so at your own risk.
We are not responsible for any damage or loss related to your access to third-party websites or for the purchase or use of products, services, resources, or content on third-party websites. Carefully read the policies and practices of the third party and ensure that 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
MERCATORIOUS is supported by Shopify, which allows us to provide you with the Services. However, any sales and purchases you make in our Store are made directly with MERCATORIOUS. By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of any sale between you and MERCATORIOUS, including any injury, damage, or loss arising from the purchased products and services. You hereby expressly release Shopify and its affiliates from all claims, damages, and liabilities arising from or related to your purchases and transactions with MERCATORIOUS.
SECTION 10 - PRIVACY POLICY
All personal information we collect through the Services is subject to our Privacy Policy, which you can view here Privacy Policy, and certain personal information may be subject to Shopify's Privacy Policy, which you can view here. By using the Services, you confirm that you have read these privacy policies.
Because the Services are provided 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. The information you submit to the Services will be transmitted and shared with Shopify, as well as with third parties who may be located in countries other than the one where you reside, in order to provide you with their services. Please refer to the privacy policy Privacy Policy for more details on how we, Shopify, and our partners use your personal information.
SECTION 11 - FEEDBACK
If you submit, upload, publish, email, or otherwise transmit ideas, suggestions, comments, reviews, proposals, designs, 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 media for any purpose, including commercial use. For example, we may use our rights under this license to operate, provide, evaluate, enhance, improve, and promote the Services, as well as to fulfill our obligations and exercise our rights under the 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 incentives you have received in connection with submitting Feedback, and (iii) your Feedback will comply with these Terms. We have no obligation and will not have any obligation (1) to maintain your Feedback in confidence, (2) to pay compensation for your Feedback, or (3) to respond to your Feedback.
We may, but have no obligation to, monitor, edit, or remove Feedback that we determine in our sole discretion is illegal, offensive, threatening, defamatory, libelous, pornographic, obscene, or otherwise unlawful or violates the intellectual property rights of any party or these Terms of Service.
You agree that your Feedback will not violate any rights of any third party, including copyrights, trademarks, 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 computer viruses or other malicious programs that could in any way affect the operation of the Services or any related website. You may not use a false email address, impersonate any person or entity, or mislead us or third parties as to the origin of any Feedback. You are solely responsible for any Feedback you submit and for its accuracy. We assume no responsibility and disclaim all liability for any Feedback posted by you or by any third party.
SECTION 12 - ERRORS, INACCURACIES, AND OMISSIONS
From time to time, there may be information in the Services that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, prices, 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 to cancel orders if any information is inaccurate at any time without prior notice (including the moment you placed 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 illegal or malicious purpose, (b) to violate any international, federal, provincial, or state regulations, rules, laws, or local ordinances, (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 burden any of our employees or any other person, (e) to transmit false or misleading information, (f) to knowingly send, receive, upload, download, use, or reuse any material that does not comply with these Terms, (g) to transmit, or to facilitate 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 individual or entity, or (i) to engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Services, or which, as determined by us, may harm MERCATORIOUS, Shopify, or the users of the Services, or expose them to liability.
Additionally, you agree not to: (a) upload or transmit viruses or any other type of malicious code that will be used or may be used in any way that will affect the functionality or operation of the Services, (b) reproduce, copy, create derivative works, sell, resell, or exploit any part of the Services, (c) collect or track the personal information of others, (d) spam, phish, pharm, pretext, spider, crawl, or scrape, or (e) interfere with or bypass the security features of the Services or any related site, other sites, or the Internet. We reserve the right to suspend, disable, or terminate your account at any time, without notice, if we determine that you have violated any part of these Terms.
SECTION 14 - TERMINATION
We may terminate this agreement or your access to the Services (or any part thereof) at our sole discretion at any time without notice, and you will remain responsible for all amounts due up to the date of termination.
The following sections will continue to apply after any termination: 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 15 - DISCLAIMER OF WARRANTIES
The information presented on or through the Services is made available solely for general informational purposes. We do not guarantee the accuracy, completeness, or usefulness of this information. Any reliance on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such material by you or any other visitor to the Services or by anyone who may be informed of any of its contents.
Except as expressly stated by Mercatorious, 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, express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement. We do not guarantee or represent 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 or other warranties, so the above exclusion may not apply to you.
SECTION 16 - LIMITATION OF LIABILITY To the maximum extent permitted by law, in no event shall Mercatorious, our partners, directors, officers, employees, 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, but not limited to, lost profits, loss of income, loss of savings, loss of data, replacement costs, or any similar damages, whether based on contract, tort (including negligence), strict liability, or otherwise, arising from your use of any of the services or any products obtained 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 incurred 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 you have been advised of the possibility thereof.
Nothing in these Terms excludes or limits our liability where it would be prohibited by applicable law, including the consumer rights of the European Union.
SECTION 17 - INDEMNIFICATION
You agree to indemnify, defend, and hold harmless MERCATORIOUS, Shopify, as well as our affiliates, partners, officers, directors, employees, agents, contractors, licensors, and service providers from any losses, damages, liabilities, or claims, including reasonable legal fees, which shall be paid to any third party due to or arising from (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 and use of the Services.
We will notify you of any claim for indemnification, provided that failure to provide timely notice shall not relieve you of your obligations, unless you suffer substantial harm. We may review the defense and settlement of such claim at your expense, including the choice of attorney, but we will not settle any claim that requires non-monetary obligations from you without your consent (which shall not be unreasonably withheld). You will cooperate in the defense of indemnification claims, including by providing relevant documents.
SECTION 18 - SEVERABILITY
If any provision of these Terms of Service is found to be unlawful, void, or unenforceable, that provision shall nevertheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of the remaining provisions.
SECTION 19 - WAIVER, ENTIRE AGREEMENT
Our failure to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
The present Terms of Service and any policies or operating rules published by us on this site or in connection with the Service constitute the entire agreement and understanding between you and us and govern your use of the Service, replacing any prior or contemporaneous agreements, communications, and proposals, oral or written, between you and us (including, without limitation, any previous versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafter.
SECTION 20 - ASSIGNMENT
You may not assign, transfer, or delegate this Agreement or any of your rights or obligations under these Terms without our prior written consent, and any such attempt will be void. We may assign, transfer, or delegate these Terms and our rights and obligations without consent or notice to you.
SECTION 21 - APPLICABLE LAW
These Terms of Service and any separate agreements under which we provide you Services will be governed by and interpreted in accordance with the federal and state or territorial courts of the jurisdiction in which MERCATORIOUS is located. You and MERCATORIOUS consent to the venue and personal jurisdiction of such courts.
SECTION 22 - HEADINGS
The headings used in this agreement are included for convenience only and do not limit or otherwise affect these Terms.
ARTICLE 23 - CHANGES TO THE TERMS OF SERVICE
You can check the most recent 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 updates and changes on our website. It is your responsibility to check our website periodically for changes. We will notify you of any significant 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 the Services or access to them after the posting of any changes to these Terms of Service constitutes acceptance of those changes.
SECTION 24 - CONTACT DETAILS
Questions regarding the Terms of Service should be sent to us at mercatorious-eshop@hotmail.com .
Our contact details are below:
Business Name: Klimentini Barbarosou
Email: mercatorious-eshop@hotmail.com
Headquarters: Aiglis 45, Athens
VAT: GR074161074