GENERAL TERMS AND CONDITIONS
Harassment in any manner or form on the Website, including, but not limited to, e-mail, chat, or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including a MISSBISH or other contracted employee, host, or representative, as well as other members or visitors on the Website is prohibited. While using the Website, services, applications and/or tools, you must not post, distribute, or otherwise publish any content or items which is false, inaccurate, misleading, libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may violate any laws, third party rights or which may otherwise give rise to any liability, whether civil or criminal. You must not upload content on the Website or use the Website to solicit others to join or become members of any other commercial online service provider or other similar organizations. You must not distribute or post spam, unsolicited or bulk electronic communications, chain letters, or pyramid schemes; or post viruses or any other technologies that may harm MISSBISH or its interests. You must not copy, modify or distribute rights or content from the Website, services, applications and/or tools; nor harvest or otherwise collect information about other users or third party on the Website.
All trademarks, service marks and trade names of MISSBISH used in the Website, services, applications or tools are trademarks or registered trademarks owned by MISSBISH. You may not assign any of MISSBISH’s rights to any other party nor grants any of MISSBISH’s rights to any other third party in respect of such trademarks, service marks and/or trade names. You agree not to display or use in any manner the trademarks or registered trademarks, service marks and/or trade names of MISSBISH.
All materials, including images, illustrations, designs, icons, photographs, written and other materials that are part of the Website are intellectual property owned or controlled by MISSBISH or of third party. MISSBISH, or as otherwise stated, has intellectual property rights over all patents, copyrights, trademarks, design rights, database rights, service marks, trade secrets, rights in know-how and confidential information, image rights and any other intellectual property rights (whether registered or unregistered) and all applications for the same.
Without limiting to other remedies, MISSBISH may, in our sole discretion, limit, suspend or terminate our services towards you, prohibit your access to the Website, services, applications and tools, and/or take legal actions to keep you from using the Website, services, applications or tools.
PRODUCT AVAILABILITY / INFORMATION
We feature products on the Website that have been carefully selected for sale. Once an item is sold out, it will be taken off the Website at the earliest opportunity and may not be available again. Prices of products may change from time to time without prior notice.
All items are subject to availability. As there is a delay between the time when your order is placed and the time when the order is accepted, the stock position relating to particular items may change. If an item you have ordered becomes out of stock before we accept the order we shall notify you as soon as practicable and you will not be charged for the out of stock items. If, due to unforeseeable circumstances or in the event of supply difficulties and it is necessary for MISSBISH to substitute an item, the item will be of equal value than that which it replaces.
PRODUCTS OR SERVICES
Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.
We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor’s display of any color will be accurate.
We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. 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.
For more detail, please review our Returns Policy.
DISCLAIMER & LIMITATION OF LIABILITY
You acknowledge that we cannot guarantee the continuous operation of or access to the Website, services, applications or tools. You agree that you are using the Website, services, applications or tools at your own risk and any materials or Products provided on the Website are on “as is” basis.
You acknowledge that we make no warranty or representation as to: (i) the accuracy, timeliness, completeness or correctness of any Products, services, applications or tools; (ii) the functions contained in, or the results obtained from, any Products, services, applications or tools; (iii) any Products being secured, uninterrupted or error free, or that all errors in a Products, services, applications or tools will be corrected; or (iv) whether any Products, services, applications or tools will meet the user’s requirements. Notwithstanding the above, MISSBISH may modify the description to any materials or Products, services, applications or tools at any time (including after you have submitted your order) without prior notice, including modifications to product descriptions, pricing, and availability. MISSBISH reserves the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled subsequently, MISSBISH shall issue a credit to your credit card account in the amount of the incorrect price.
We are not liable and you agree not to hold MISSBISH responsible for any damages or losses (including, but not limited to, loss of money, goodwill or reputation, profits, or other intangible losses or any special, indirect or consequential damages) resulting directly or indirectly from: your use of the Website, services, applications or tools; or damage to your hardware device(s) or loss of data that result from the use of the Website, services, applications or tools.
Certain content, products and services available via our Service may include materials from third-parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any 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.
USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, ‘comments’), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
You agree that your comments 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 comments 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 Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site or in the Service 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 in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) 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, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall MISSBISH, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors 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), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service 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 service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
MISSBISH shall not be liable for any failure to deliver goods you have ordered or any delay in doing so or for any damage or defect to goods delivered that is caused by any event or circumstances beyond its reasonable control.
ANY FUTURE CHANGES TO THE TERMS AND CONDITIONS
OTHER TERMS AND CONDITIONS
Additional terms and conditions and policies (collectively, the “Other Terms and Conditions”) apply to purchases of products and services through the Website and to specific portions, features or services (such as contests and other promotions) of or offered through the Website. Without limiting the generality of the foregoing, the following are links to certain Other Terms and Conditions:
- For Shipping & Delivery Terms: www.missbish.com/shipping-and-delivery
- For Payment & Security Terms: www.missbish.com/payment-and-security
- For Return & Exchange Terms: www.missbish.com/return-and-exchange