Terms of service

OVERVIEW

Welcome to Megacaps! The terms “we,” “us,” and “our” refer to Megacaps. Megacaps operates this shop and website—including all related information, content, features, tools, products, and services—to provide you, the customer, with a curated shopping experience (the “Services”). Megacaps is powered by Shopify, which enables us to offer these Services to you.

The following terms and conditions, along with any policies referenced herein (collectively, these “Terms of Use” or “Terms”), outline your rights and obligations when using the Services.

Please read these Terms of Use carefully, as they contain important information regarding your legal rights and cover areas such as disclaimers of warranties and limitations of liability.

By visiting, interacting with, or using our Services, you agree to these Terms of Use and our Privacy Policy. If you do not agree to these Terms of Use or the Privacy Policy, you should not use or access our Services.

SECTION 1 – ACCESS AND ACCOUNT

By agreeing to these Terms of Use, you represent that you are at least the age of majority in your state or province of residence, and that you have provided your consent for any of your minor dependents to use the Services on devices that you own, have purchased, or manage.

To use the Services—including accessing or browsing our online shops, or purchasing products or services offered by us—you may be required to provide certain information, such as your email address, as well as billing, payment, and shipping details. You represent and warrant that all information you provide in our shops is accurate, current, and complete, and that you possess all necessary rights to provide such information.

You are solely responsible for the security of your account access credentials and for all activity that occurs under 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 accurately in our online shops. Please note, however, that the colors or appearance of the products may differ from what you see on your screen, depending on the type of device you use to access the shop, as well as your device’s settings and configuration.

While we strive to ensure satisfaction, we do not guarantee that the appearance or quality of the products or services you purchase will meet your expectations or match the representations provided in our online shops.

We continuously optimize our products and processes. Consequently, all product descriptions are subject to change at any time, at our sole discretion and without prior notice. We reserve the right to discontinue products at any time and to limit the quantities of products offered to specific individuals, geographic regions, or jurisdictions on a case-by-case basis.

SECTION 3 – ORDERS

By placing an order, you are submitting an offer to purchase. Megacaps reserves the right, at its sole discretion, to accept or decline your order for any reason. Your order is only considered accepted once Megacaps has confirmed such acceptance. We must receive and process your payment before your order can be accepted. Please review your order carefully before submission, as Megacaps may be unable to accommodate cancellation requests once an order has been accepted. Should we decline, modify, or cancel an order, we will attempt to notify you using the email address, billing address, and/or phone number provided at the time the order was placed.

Purchased items may only be returned or exchanged in accordance with our return policy. By making this purchase, you affirm and guarantee that the items are intended for your personal use or for use within your household, and not for commercial resale or export.

SECTION 4 – PRICES AND BILLING

Prices, discounts, and special offers 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 stated in your order confirmation email. Unless expressly stated otherwise, the listed prices do not include taxes, shipping, handling, customs duties, or import fees.

Prices listed in our online stores may differ from prices in physical retail locations or in online stores operated by third parties. From time to time, we may offer promotions for our services that may affect pricing and are subject to terms and conditions other than those set forth here. In the event of any conflict between the terms of a promotion and these terms, the terms of the promotion shall prevail.

You agree to provide current, complete, and accurate purchase, payment, and account information for all purchases made in 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 may complete your transactions and contact you as needed.

You represent and warrant that (i) the credit card information you provide is true, accurate, and complete; (ii) you are duly authorized to use this credit card for the purchase; (iii) the charges you incur will be honored by your credit card issuer; and (iv) you will pay the charges incurred at the prices posted, including any shipping and handling fees and all applicable taxes, if any.

SECTION 5 – SHIPPING AND DELIVERY

We are not liable for any delays in shipping or delivery. All delivery times are estimates only and are not guaranteed. We are not responsible for delays caused by shipping carriers, customs clearance, or events beyond our control. Once we have handed the products over to the shipping carrier, ownership and the risk of loss pass to you.

SECTION 6 – INTELLECTUAL PROPERTY

Our Services, including but not limited to all trademarks, service marks, text, advertisements, images, graphics, product reviews, videos, and audio files—as well as their design, selection, and arrangement—are the property of Megacaps, its affiliates, or its licensors, and are protected by U.S. and European patent, copyright, and other intellectual property laws.

These Terms permit you to use the Services solely for personal, non-commercial purposes. You may not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any materials from the Services without our prior written consent. Except as expressly stated herein, nothing in these Terms grants you any license or other rights to any patents, trademarks, copyrights, or other intellectual property belonging to Megacaps, Shopify, or any third party, nor may any such grant be inferred from these Terms. Unauthorized use of the Services may constitute a violation of federal and state intellectual property laws. All rights not expressly granted herein are reserved by Megacaps.

The names, logos, product and service names, designs, and slogans of Megacaps are trademarks of Megacaps, its affiliates, or its licensors. You may not use these marks without the prior written permission of Megacaps. 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 appearing on the Services are the trademarks of their respective owners.

SECTION 7 – OPTIONAL TOOLS

You may be provided with access to third-party tools—offered as part of the services—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 website is entirely at your own risk and discretion. You should ensure that you are familiar with and approve of the terms on which such tools are provided by the relevant third-party provider(s).

We may also, in the future, offer new features and/or services through the website (including the release of new tools and resources). Such new features and/or services shall also 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 embedded third-party features). We are not responsible for examining or evaluating the content or accuracy of any third-party materials or websites that you may access. If you choose to leave the services to access such third-party materials or websites, 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 your purchase or use of any products, services, resources, or content available on such third-party websites. Please review the third party's policies and practices carefully and ensure that you understand them before engaging in any transaction. Complaints, claims, concerns, or questions regarding the products and services of third parties should be directed to the third party.

SECTION 9 – RELATIONSHIP WITH SHOPIFY

Megacaps is powered by Shopify, which enables us to provide the services to you. However, all sales and purchases made through our store are conducted directly with Megacaps. By using the services, you acknowledge and agree that Shopify is not responsible for any aspect of the sales between you and Megacaps, including any injuries, damages, or losses resulting from products or services purchased. You hereby expressly release Shopify and its affiliates from any and all claims, damages, and liabilities arising out of or in connection with your purchases and transactions with Megacaps.

SECTION 10 – PRIVACY POLICY

Any personal data we collect through the services is subject to our Privacy Policy; additionally, certain personal data 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 hosted by Shopify, Shopify collects and processes personal data regarding your access to and use of the services in order to provide and improve them. Data that you submit to the services is transferred and shared with Shopify—as well as with third parties, who may be located in countries other than your country of residence—for the purpose of providing the services to you. Please refer to our Privacy Policy for further information on how we, Shopify, and our partners use your personal data.

SECTION 11 – FEEDBACK

If you submit, upload, post, email, or otherwise transmit any ideas, suggestions, feedback, 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 exercise our rights under this license to operate, provide, evaluate, improve, and promote the Services, as well as to fulfill our obligations and exercise our rights under these Terms of Service.

You further represent and warrant that: (i) you own or otherwise possess all necessary rights to the Feedback; (ii) you have disclosed any compensation or incentives received in connection with the submission of your Feedback; and (iii) your Feedback complies with these Terms. We are under no obligation to (1) maintain the confidentiality of any Feedback, (2) provide compensation for any Feedback, or (3) respond to any Feedback.

We reserve the right—though we are under no obligation—to monitor, edit, or remove any Feedback that we, at our sole discretion, deem unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, or otherwise objectionable, or that violates any party’s intellectual property rights or these Terms of Service.

You agree that your Feedback will not infringe upon the rights of any third party, including copyright, trademark, privacy, publicity, or any other personal or proprietary rights.