Terms of service

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SECTION 2: OUR PRODUCTS

We have made every effort to provide an accurate representation of our products and services in our online stores. However, you should be aware that the colors or appearance of the product may differ from how they look 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 the products or services you purchase will meet your expectations or be identical to those shown 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 we may limit the quantities of any products or services that we offer to any person, geographic region or jurisdiction, as the case may be.

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SECTION 3: ORDERS

When you place an order, you are making an offer to purchase. Coach Magda's Shop reserves the right to accept or reject your order for any reason at its sole discretion. Your order will not be accepted until Coach Magda's Shop confirms acceptance. We must receive and process your payment for your order to be accepted. Please review your order thoroughly before submission, as Coach Magda's Shop may be unable to accommodate cancellation requests once an order has been accepted. Should we not accept, modify in any way, or cancel an order, we will attempt to notify you by email, billing address, or phone number provided when the order was made.

Your purchases are subject to return or exchange solely in accordance with our Refund Policy.

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

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SECTION 4: PRICING 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 expressly stated otherwise, posted prices do not include charges for taxes, shipping, order handling, customs, or import duties.

Prices displayed in our online stores may differ from those offered in physical, online, or other third-party operated stores. From time to time, we may offer promotions for the Services which may affect pricing and are governed by terms and conditions separate from these Terms. If a conflict exists between the terms of a promotion and these Terms, the promotion terms will prevail.

For all purchases made in our stores, you agree to provide current, complete, and accurate purchase, payment, and account information. You agree to promptly update your account and other information, including your email address and 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 supply 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 the charges incurred by you at the posted prices, including all applicable shipping, handling, and taxes, if any.

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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 liable for delays caused by shipping carriers, customs processing, or events outside our control. Once we deliver the products to the shipping carrier, title and risk of loss pass to you.

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SECTION 6: INTELLECTUAL PROPERTY

Our Services, including, but not limited to, the trademarks, brands, text, samples, images, graphics, product reviews, video, and audio, and the design, selection, and arrangement thereof, are owned by Coach Magda's Shop, its affiliates or licensors, and are protected by United States and foreign copyright and other intellectual property laws.

These terms permit you to use the Services only for your personal, non-commercial use. 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 expressly set forth herein, nothing in these Terms grants or shall be deemed to grant a license or any other right to you in or to any patent, trademark, copyright, or other form of intellectual property of Coach Magda's Shop, Shopify, or any third party. Unauthorized use of the Services may violate federal and state intellectual property laws. Coach Magda's Shop reserves all rights not expressly granted herein.

The Coach Magda's Shop name, logos, product and service names, designs, and slogans are trademarks of Coach Magda's Shop, its affiliates, or licensors. You must not use such marks without the prior written permission of Coach Magda's Shop. 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.

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SECTION 7: OPTIONAL TOOLS

As part of the Services, you may be provided with access to third-party customer tools over which we neither monitor nor have any control or 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. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.

Any use by you of 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 subject to these Terms of Service.

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SECTION 8: THIRD-PARTY LINKS

The Services may contain materials and hyperlinks to websites provided or maintained by third parties (including any embedded third-party functionality). We are not responsible for examining or evaluating, and we do not warrant the accuracy of, any third-party materials or websites 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 are not liable for any harm or damages related to your access to third-party websites or the purchase or use of goods, 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 should be directed to the third party.

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SECTION 9: RELATIONSHIP WITH SHOPIFY

Coach Magda's Shop is powered by Shopify, which provides us with the technology to offer the Services to you. However, any sales and purchases you make in our store are made directly with Coach Magda's Shop. By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of the sales that take place between you and Coach Magda's Shop, including any injury, damage, or loss caused by the products and services purchased. You hereby expressly release Shopify and its affiliates from any claims, damages, and liabilities arising out of or related to your purchases and transactions with Coach Magda's Shop.

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SECTION 10: PRIVACY POLICY

All personal information we collect through the Services is subject to our Privacy Policy, which is available here, and certain personal information may be subject to Shopify's Privacy Policy, which is available here. 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 in connection with your access and use of the Services in order to provide and improve the Services for you. In order to provide you with the services, the information you submit to the Services will be transmitted to and shared with Shopify and third parties, which may be located in countries outside of where you reside. For more information about how we, Shopify, and our partners use your personal information, please review our Privacy Policy.

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SECTION 11: 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 and for any purpose, including commercial use. For example, we may use our rights under this license to operate, provide, evaluate, optimize, improve, and promote the Services, and to fulfill our obligations and enforce our rights under the Terms of Service.

You also represent and warrant that: (i) you own all rights in and to all Feedback; (ii) you have disclosed any compensation or incentive received in connection with your submission of the Feedback; and (iii) your Feedback will comply with these Terms. We are and shall be under no obligation (1) to maintain any Feedback in confidence; (2) to pay compensation for any Feedback; or (3) to respond to any Feedback.

We may, but have no obligation to, monitor, edit, or remove content that we determine in our sole discretion is unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, or otherwise objectionable or violates any party’s intellectual property 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 right. You further agree that your Feedback will not contain libelous or otherwise unlawful, abusive, or obscene material, or contain any computer virus or other malware that could in any way 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.

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SECTION 12: ERRORS, INACCURACIES, AND OMISSIONS

Occasionally, there may be information on or in the Services that contains typographical errors, inaccuracies, 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 or cancel orders if any information is inaccurate at any time without prior notice (including after you have submitted your ¹order).

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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 international, federal, provincial, or state regulations, rules, laws, or local ordinances; (c) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (d) to harass, abuse, insult, harm, defame, slander, ²disparage, or intimidate 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 which does not comply with these Terms; (g) to transmit, or procure the sending of, any “junk mail,” “chain letter,” “spam,” or any other similar solicitation; (h) to impersonate or attempt to impersonate any other person or entity; (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 Coach Magda's Shop, Shopify, or users of the Services, or expose them to liability.

You also agree not to: (a) 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 Services; (b) reproduce, duplicate, copy, sell, resell, or exploit any portion 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 circumvent the security features of the Services or any related website, other websites, 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.

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SECTION 14: TERMINATION

We may terminate this agreement or discontinue your access to the Services (or any part thereof) at our sole discretion at any time without notice, and you will remain liable for all amounts due up to and including the date of termination.

The following sections will survive termination: Intellectual Property, Feedback, Termination, Disclaimer of Warranties, Limitation of Liability, Indemnification, Severability, Waiver, Entire Agreement, Assignment, Governing Law, Privacy Policy, and any other provision that by its nature would survive termination.

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SECTION 15: DISCLAIMER OF WARRANTIES

The information presented on or through the Services is made available solely for general information purposes. 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 and responsibility arising from any reliance placed on such materials by you or any other visitor to the Services, or by anyone who may be informed of any of its contents.

UNLESS EXPRESSLY STATED BY COACH MAGDA'S SHOP, THE SERVICES AND ALL PRODUCTS AND SERVICES DELIVERED TO YOU THROUGH THE SERVICES ARE PROVIDED 'AS IS' AND 'AS AVAILABLE' FOR YOUR USE, WITHOUT ANY REPRESENTATION, WARRANTIES, OR CONDITIONS OF ANY KIND, EITHER 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 OR REPRESENT THAT YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS OR EXCLUSIONS OF IMPLIED WARRANTIES OR OTHER WARRANTIES, THIS DISCLAIMER MAY NOT APPLY TO YOU.

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SECTION 16: LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO CASE SHALL COACH MAGDA'S SHOP, OUR PARTNERS, DIRECTORS, OFFICERS, AFFILIATES, 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, WITHOUT LIMITATION, LOST PROFITS, LOST REVENUE, LOST SAVINGS, LOSS OF DATA, REPLACEMENT COSTS, OR ANY SIMILAR DAMAGES, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR STRICT LIABILITY, ARISING FROM YOUR USE OF ANY OF 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 VIA THE SERVI³CES, EVEN IF ADVISED OF THEIR POSSIBILITY.

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SECTION 17: INDEMNIFICATION

You agree to indemnify, defend, and hold harmless Coach Magda's Shop, Shopify, and our affiliates, partners, officers, directors, employees, agents, contractors, service providers, and licensors, from any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of (1) your breach of these Terms of Service or the documents they incorporate 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 claim subject to indemnification, provided that the failure to give prompt notice shall not relieve you of your obligations except to the extent you suffer material prejudice. We may control the defense and settlement of any such claim at your expense, including the selection of counsel, but will not settle claims that impose non-monetary obligations on you without your consent (not to be unreasonably delayed). You will cooperate in the defense of any claim subject to indemnification, such as by providing relevant documentation.

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SECTION 18: SEVERABILITY

In the event that any provision of these Terms of Service 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 Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

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SECTION 19: WAIVER; ENTIRE AGREEMENT

The failure of us 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 respect to the Service constitute the entire 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 versions of the Terms of Service).

Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

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SECTION 20: ASSIGNMENT

You may not delegate, transfer, or assign this Agreement or your rights or obligations under these Terms without our prior written consent, and any attempt to do so will be null and void. We may transfer, assign, or delegate these Terms and our rights and obligations without your consent or notice to you.

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SECTION 21: 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 federal, state, or territorial courts in the jurisdiction where Coach Magda's Shop is located. You and Coach Magda's Shop submit to the personal jurisdiction of such courts.

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SECTION 22: HEADINGS

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

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SECTION 23: CHANGES TO TERMS OF SERVICE

You can review the most current version of the Terms of Service 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 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 any material changes to these Terms in accordance with applicable law, and such changes will become effective as of the date specified in the notice. Your continued use of or access to the Services following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

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SECTION 24: CONTACT INFORMATION

Questions about the Terms of Service should be sent to us at tienda@coachmagda.com.

Our contact information is posted below:

Coach Magda LLC

tienda@coachmagda.com

1917 S Signal Butte Rd Ste 101-117, Mesa AZ 85209