Terms of service
TERMS OF SERVICE
OVERVIEW
This website is operated by The Magnolia Park. Throughout the site, the terms "we," "us," and "our" refer to The Magnolia Park. We offer this website — including all information, tools, and services available through it — conditioned upon your acceptance of all terms, conditions, policies, and notices stated here.
By visiting our site and/or making a purchase, you engage in our "Service" and agree to be bound by the following Terms of Service, including any additional terms, conditions, and policies referenced herein or available via hyperlink. These Terms apply to all users of the site, including browsers, vendors, customers, merchants, and contributors of content.
Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms. If you do not agree, you may not access the website or use any of our services. Any new features or tools added to the store will also be subject to these Terms of Service.
We reserve the right to update, change, or replace any part of these Terms at any time by posting updates to our website. It is your responsibility to review this page periodically. Your continued use of the site following any changes constitutes your acceptance of those changes.
Our store is hosted by Shopify Inc., which provides the e-commerce platform we use to sell our products and services.
SECTION 1 — ONLINE STORE TERMS
By agreeing to these Terms of Service, you confirm that you are at least the age of majority in your state or province of residence, or that you have provided consent for any minor dependents to use this site.
You may not use our products for any illegal or unauthorized purpose, nor may you violate any laws in your jurisdiction — including copyright laws — while using our Service. You must not transmit any viruses, worms, or destructive code of any kind. Any breach or violation of these Terms will result in immediate termination of your Services.
SECTION 2 — GENERAL CONDITIONS
We reserve the right to refuse service to anyone for any reason at any time. Your content (excluding credit card information) may be transferred unencrypted and may involve transmissions across various networks or technical adaptations for connecting devices. Credit card information is always encrypted during transfer.
You agree not to reproduce, duplicate, copy, sell, resell, or exploit any portion of the Service or access to it without our express written permission. Section headings in this agreement are for convenience only and do not limit or affect these Terms.
SECTION 3 — ACCURACY, COMPLETENESS, AND TIMELINESS OF INFORMATION
We are not responsible if information on this site is inaccurate, incomplete, or outdated. All content is provided for general informational purposes only and should not be used as the sole basis for decisions without consulting more accurate or current sources. Any reliance on this material is at your own risk.
This site may contain historical information provided for reference purposes only. We reserve the right to modify site content at any time but are under no obligation to keep any information current. It is your responsibility to monitor changes to the site.
SECTION 4 — MODIFICATIONS TO THE SERVICE AND PRICES
Prices are subject to change without notice. We reserve the right to modify or discontinue the Service — or any part of it — at any time without notice. We shall not be liable to you or any third party for any modification, price change, suspension, or discontinuation of the Service.
SECTION 5 — PRODUCTS AND SERVICES
Certain products or services may be available exclusively online and may have limited quantities. All returns or exchanges are subject to our Return Policy.
We make every effort to accurately display product colors and images, but we cannot guarantee that your monitor's display will be fully accurate. We reserve the right to limit the sale of our products to any person, geographic region, or jurisdiction on a case-by-case basis. All product descriptions and pricing are subject to change at any time at our sole discretion. Any offer made on this site is void where prohibited by law.
We do not warrant that the quality of any products, services, or other materials purchased will meet your expectations, or that any errors in the Service will be corrected.
SECTION 6 — ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order at our discretion. We may limit or cancel quantities purchased per person, per household, or per order — including orders placed under the same customer account, credit card, or billing/shipping address. If an order is changed or cancelled, we will attempt to notify you using the contact information provided at the time of purchase. We reserve the right to restrict orders that appear to be placed by dealers, resellers, or distributors.
You agree to provide accurate, complete, and current purchase and account information for all transactions, and to promptly update your information — including email address and payment details — as needed. For more information, please review our Returns Policy.
SECTION 7 — OPTIONAL TOOLS
We may provide access to third-party tools that we do not monitor or control. These tools are provided "as is" and "as available" without warranties or endorsement of any kind. We are not liable for any damages arising from your use of these tools. Use of any optional third-party tools is entirely at your own risk, and you should review the terms provided by the relevant third-party provider.
We may also introduce new features or services through the website in the future, which will also be subject to these Terms of Service.
SECTION 8 — THIRD-PARTY LINKS
Certain content, products, or services available through our Service may include materials from third parties. Third-party links on this site may direct you to websites not affiliated with us. We are not responsible for the accuracy or content of any third-party materials, websites, products, or services, and we are not liable for any harm or damages resulting from transactions with third parties. Please review all third-party policies before engaging in any transaction. Any complaints or concerns regarding third-party products should be directed to the third party.
SECTION 9 — USER COMMENTS, FEEDBACK, AND SUBMISSIONS
Any submissions you send to us — whether requested or unsolicited, including ideas, suggestions, proposals, or other materials — may be used by us at any time, in any medium, without restriction or compensation. We are under no obligation to keep submissions confidential, compensate you for them, or respond to them.
We reserve the right, at our sole discretion, to monitor, edit, or remove content we determine to be unlawful, offensive, threatening, defamatory, obscene, or otherwise objectionable.
You agree that your submissions will not violate any third-party rights — including copyright, trademark, or privacy rights — and will not contain unlawful, abusive, or harmful material, including viruses or malware. You may not misrepresent your identity or the origin of your submissions. You are solely responsible for the accuracy and content of anything you submit.
SECTION 10 — PERSONAL INFORMATION
Your submission of personal information through our store is governed by our Privacy Policy.
SECTION 11 — ERRORS, INACCURACIES, AND OMISSIONS
From time to time, information on our site may contain typographical errors, inaccuracies, or omissions related to product descriptions, pricing, promotions, shipping charges, or availability. We reserve the right to correct any such errors and to update or cancel orders affected by inaccurate information at any time without prior notice — including after an order has been submitted.
We are not obligated to update or clarify information on the site beyond what is required by law. No update or refresh date on the site should be interpreted as confirmation that all information has been modified or is current.
SECTION 12 — PROHIBITED USES
In addition to the prohibitions outlined elsewhere in these Terms, you are prohibited from using the site or its content for any of the following: (a) unlawful purposes; (b) soliciting others to engage in unlawful acts; (c) violating any international, federal, state, or local laws or regulations; (d) infringing upon our intellectual property rights or those of others; (e) harassing, abusing, insulting, defaming, or discriminating against individuals based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) submitting false or misleading information; (g) uploading or transmitting viruses or malicious code; (h) collecting or tracking the personal information of others; (i) engaging in spam, phishing, scraping, or similar activities; (j) engaging in obscene or immoral conduct; or (k) interfering with the security features of the Service or any related website.
Violation of any prohibited use may result in immediate termination of your access to the Service.
SECTION 13 — DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee that the Service will be uninterrupted, timely, secure, or error-free, nor that any results obtained through the Service will be accurate or reliable. We may remove or discontinue the Service at any time without notice.
Your use of the Service is at your sole risk. All products and services are provided "as is" and "as available" without warranties of any kind, either express or implied, including warranties of merchantability, fitness for a particular purpose, or non-infringement.
To the fullest extent permitted by law, The Magnolia Park and its directors, officers, employees, affiliates, agents, contractors, suppliers, and service providers shall not be liable for any injury, loss, or damages of any kind — including lost profits, lost revenue, loss of data, or replacement costs — arising from your use of the Service or any products obtained through it. Where applicable law does not permit certain limitations of liability, our liability shall be limited to the maximum extent permitted.
SECTION 14 — INDEMNIFICATION
You agree to indemnify, defend, and hold harmless The Magnolia Park and its affiliates, partners, officers, directors, agents, contractors, licensors, service providers, and employees from any claims or demands — including reasonable attorneys' fees — arising out of your breach of these Terms of Service or your violation of any law or third-party rights.
SECTION 15 — SEVERABILITY
If any provision of these Terms of Service is found to be unlawful, void, or unenforceable, that provision shall be enforced to the fullest extent permitted by law, and the unenforceable portion shall be severed from these Terms. This determination shall not affect the validity or enforceability of any remaining provisions.
SECTION 16 — TERMINATION
All obligations and liabilities incurred prior to termination shall survive the end of this agreement. These Terms remain in effect unless terminated by either you or us. You may terminate at any time by notifying us that you no longer wish to use our Services or by ceasing use of our site.
If we determine, at our sole judgment, that you have failed to comply with any provision of these Terms, we may terminate this agreement at any time without notice. You will remain liable for all amounts due up to the date of termination and may be denied access to our Services.
SECTION 17 — ENTIRE AGREEMENT
Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of that right or provision. These Terms of Service, along with any policies or operating rules posted on this site, constitute the entire agreement between you and us regarding your use of the Service, superseding all prior agreements, communications, and proposals — whether oral or written. Any ambiguities in interpretation shall not be construed against the drafting party.
SECTION 18 — GOVERNING LAW
These Terms of Service and any separate agreements through which we provide Services shall be governed by and construed in accordance with the laws of the State of California, United States.
SECTION 19 — CHANGES TO TERMS OF SERVICE
The most current version of these Terms of Service is always available on this page. We reserve the right to update or replace any part of these Terms at our sole discretion by posting changes to our website. It is your responsibility to check this page periodically. Your continued use of the site following any changes constitutes your acceptance of the updated Terms.
SECTION 20 — CONTACT INFORMATION
Questions regarding these Terms of Service should be directed to us at themagnoliapark@gmail.com.