Terms of Service

Overview

Welcome to Carry Memento.

These Terms of Service (“Terms”) govern your access to and use of the Carry Memento website, online store, products, services, content, features, and related services (collectively, the “Services”).

In these Terms, “Carry Memento,” “we,” “us,” and “our” refer to Carry Memento. “You” and “your” refer to any person who accesses or uses our Services or purchases our products.

Carry Memento uses Shopify to operate our online store and provide the Services. Any purchase you make through our store is a transaction directly between you and Carry Memento, not between you and Shopify.

Please read these Terms carefully before using our Services. By accessing, browsing, or using our website, or by purchasing a product from us, you agree to be bound by these Terms and our Privacy Policy.

If you do not agree with these Terms or our Privacy Policy, please do not access or use our Services.

Section 1 — Access and Account

By using our Services, you represent that you are at least the age of majority in your state, province, or country of residence.

If you allow a minor to access or use our Services on a device you own or control, you are responsible for that minor’s use of the Services and compliance with these Terms.

When placing an order or using certain features of our Services, you may be asked to provide information such as your name, email address, billing information, payment information, and shipping address.

You agree that all information you provide to us is accurate, current, and complete, and that you have the right to provide such information.

If you create an account, you are responsible for maintaining the confidentiality of your account credentials and for all activity associated with your account.

You may not sell, transfer, assign, or otherwise provide your account to another person without our prior written consent.

Section 2 — Our Products

Carry Memento makes every reasonable effort to display our products as accurately as possible, including product images, colors, dimensions, and other details.

However, the actual appearance of a product may vary slightly from images shown on your screen due to your device, display settings, lighting, photography, product materials, manufacturing processes, and other factors.

For personalized products, the final product may also vary slightly from the preview or uploaded image because of differences in image quality, cropping, positioning, printing, materials, or production processes.

Product descriptions, specifications, pricing, availability, and other information may be updated or changed at any time without notice.

We reserve the right to discontinue products, limit quantities, or refuse orders where permitted by applicable law.

Section 3 — Orders and Personalization

When you submit an order through our website, you are making an offer to purchase the products in your order.

An order is not considered accepted until we have received payment and confirmed the order.

We reserve the right to refuse, cancel, or limit an order where permitted by applicable law, including in cases involving suspected fraud, pricing or product errors, inventory issues, incorrect information, or other circumstances that prevent us from fulfilling the order.

If we cancel or make a material change to an order, we will make reasonable efforts to contact you using the information provided with your order.

Personalized Products

Many Carry Memento products are made specifically according to photographs, text, names, dates, or other personalization details submitted by the customer.

You are responsible for reviewing all personalization information before submitting your order, including spelling, names, dates, uploaded photographs, and other customization details.

Once production has started, we may not be able to accommodate changes or cancellation requests.

Because personalized products are made specifically for you, customized items are generally not eligible for returns or exchanges unless they arrive damaged, defective, or contain an error caused by us.

Please see our Refund Policy for complete information regarding returns, refunds, replacements, and personalized products.

Section 4 — Prices and Billing

All prices displayed on our website are subject to change without notice.

The price charged for your order will generally be the price displayed at the time the order is placed and will be shown in your order confirmation.

Unless otherwise stated, product prices may not include applicable taxes, shipping charges, customs duties, import fees, or other charges imposed by a government authority, customs authority, or shipping provider.

Promotional offers, discounts, and special pricing may be subject to additional terms. If the terms of a specific promotion conflict with these Terms, the promotion’s terms will apply to the extent of the conflict.

You agree to provide accurate and complete payment, billing, and contact information for all purchases.

You authorize us and our payment providers to charge the payment method you provide for the total amount of your order, including applicable taxes and shipping charges.

Section 5 — Shipping and Delivery

We make reasonable efforts to process and ship orders within the processing times stated on our website or provided to you at the time of purchase.

Estimated delivery times are estimates only and may vary depending on the destination, shipping carrier, customs processing, weather, holidays, and other circumstances beyond our reasonable control.

We are not responsible for delays caused by shipping carriers, customs authorities, incorrect or incomplete shipping information provided by the customer, failed delivery attempts, or other circumstances outside our reasonable control.

If an order is delayed beyond the applicable promised or estimated timeframe, we will make reasonable efforts to assist you and provide available tracking or delivery information.

Nothing in these Terms is intended to limit any rights you may have under applicable consumer protection laws regarding delayed or undelivered orders.

For additional information about processing times, shipping methods, delivery estimates, and international orders, please refer to our Shipping Policy.

Section 6 — Intellectual Property

All content and materials available through our Services, including but not limited to our trademarks, logos, brand names, product names, text, photographs, images, graphics, illustrations, videos, audio, product descriptions, reviews, designs, website layout, and the selection and arrangement of such materials, are owned by Carry Memento or our licensors and are protected by applicable intellectual property laws.

You may access and use our Services for your personal, non-commercial purposes only.

Except as expressly permitted by us in writing or by applicable law, you may not copy, reproduce, distribute, modify, create derivative works from, publicly display, publicly perform, republish, sell, license, download, store, transmit, or otherwise exploit any portion of our Services or content.

All rights not expressly granted under these Terms are reserved by Carry Memento.

“Carry Memento” and our logos, product names, designs, slogans, and other brand elements are trademarks of Carry Memento or their respective owners. You may not use them without our prior written permission.

Shopify and its related trademarks belong to Shopify. Other trademarks appearing on our Services belong to their respective owners.

Section 7 — Third-Party Services and Tools

Our Services may include features, applications, payment services, shipping services, or other tools provided by third parties.

We do not control all third-party services and are not responsible for their availability, performance, content, policies, or practices.

Third-party services are provided subject to the applicable terms and policies of those third parties.

Your use of third-party services is at your own discretion and may be subject to additional terms between you and the applicable third-party provider.

We may add or remove third-party services and features from time to time.

Section 8 — Third-Party Links

Our Services may contain links to websites, applications, or services operated by third parties.

These links are provided for convenience only. We do not control or guarantee the accuracy, availability, security, or content of third-party websites or services.

If you access a third-party website or service through a link on our website, you do so at your own risk.

Any transactions, purchases, communications, or other interactions you have with third parties are solely between you and the applicable third party.

Section 9 — Relationship with Shopify

Carry Memento uses Shopify to operate and provide our online store and related Services.

However, purchases made through our store are transactions directly between you and Carry Memento.

Shopify is not the seller or merchant of record for products purchased from Carry Memento and is not responsible for the products, fulfillment, customer service, refunds, returns, or other aspects of transactions between you and Carry Memento.

Your use of Shopify-powered features may also be subject to Shopify’s applicable terms and policies.

Section 10 — Privacy

Your use of our Services is also governed by our Privacy Policy, which explains how we collect, use, disclose, and protect personal information.

Because our store is hosted by Shopify, Shopify may collect and process certain information relating to your use of our Services in accordance with Shopify’s applicable privacy policies.

Information submitted through our store may be processed by Shopify and by third-party service providers that help us operate our business, process payments, fulfill orders, provide customer support, prevent fraud, and otherwise provide the Services.

Please review our Privacy Policy for more information.

Section 11 — Customer Feedback and Reviews

If you submit, upload, post, email, or otherwise provide us with reviews, comments, photographs, suggestions, ideas, testimonials, or other content (“Feedback”), you grant Carry Memento a non-exclusive, worldwide, royalty-free license to use, reproduce, modify, publish, distribute, display, and otherwise use that Feedback for purposes related to operating, improving, marketing, and promoting our Services, subject to applicable law.

You represent that:

1. You own or have the necessary rights to the Feedback you submit;

2. Your Feedback does not infringe the rights of another person or entity;

3. Your Feedback does not violate any applicable law;

4. Your Feedback is not fraudulent, misleading, defamatory, abusive, obscene, or otherwise unlawful; and

5. You have disclosed any material compensation or incentive received in connection with your Feedback where required by law.

We are not obligated to maintain Feedback in confidence, pay compensation for Feedback, or respond to Feedback.

We may remove or refuse to publish Feedback that we reasonably believe violates these Terms or applicable law.

Section 12 — Errors, Inaccuracies, and Omissions

From time to time, information on our website may contain typographical errors, inaccuracies, or omissions relating to product descriptions, pricing, promotions, availability, shipping information, or other content.

We reserve the right to correct errors, update information, change product information, or cancel affected orders where permitted by applicable law.

If an error materially affects an order you have already placed, we will make reasonable efforts to notify you and provide an appropriate resolution.

Section 13 — Prohibited Uses

You may use our Services only for lawful purposes.

You agree not to use our Services:

1. For any unlawful, fraudulent, or malicious purpose;

2. To violate applicable laws or regulations;

3. To infringe or violate our intellectual property rights or the rights of others;

4. To harass, abuse, threaten, defame, or harm another person;

5. To submit false or misleading information;

6. To impersonate another person or entity;

7. To interfere with the operation, security, or availability of our Services;

8. To transmit viruses, malware, or other harmful code;

9. To collect or misuse personal information belonging to other people;

10. To engage in spam, phishing, or other deceptive activities;

11. To use automated systems to place fraudulent orders or otherwise abuse our Services; or

12. To bypass or interfere with security, access controls, or other technical measures used to protect our Services.

You may not reproduce, duplicate, copy, sell, resell, or exploit any portion of our Services except as expressly permitted by these Terms or by us in writing.

We reserve the right to suspend or terminate access to our Services where we reasonably believe that a user has violated these Terms or applicable law.

Nothing in this section is intended to prohibit lawful access by search engines or other services that access publicly available website content in accordance with applicable technical standards and our published access rules.

Section 14 — Automated Agents

Certain software or automated services may access publicly available online content.

Any automated agent accessing our Services must comply with applicable laws and our published technical requirements.

Automated agents must not misrepresent their identity, bypass security measures, circumvent access restrictions, impersonate human users, or interfere with the operation of our Services.

We may use reasonable technical measures to limit or restrict automated access where necessary to protect our website, customers, systems, or intellectual property.

Section 15 — Termination

We may suspend or terminate your access to our Services if we reasonably believe that you have violated these Terms, applicable law, or otherwise misused our Services.

Termination will not affect any rights or obligations that arose before termination.

The provisions of these Terms that by their nature should survive termination will continue to apply, including provisions relating to intellectual property, customer Feedback, disclaimers, limitations of liability, indemnification, governing law, and other applicable provisions.

Section 16 — Disclaimer of Warranties

To the fullest extent permitted by applicable law, our Services and the information made available through our Services are provided on an “as is” and “as available” basis.

Except as expressly stated by Carry Memento or required by applicable law, we make no representations or warranties regarding the availability, accuracy, completeness, reliability, or suitability of our Services.

We do not guarantee that your use of our Services will always be uninterrupted, timely, secure, or error-free.

To the fullest extent permitted by applicable law, we disclaim implied warranties or conditions, including warranties of merchantability, fitness for a particular purpose, title, durability, and non-infringement.

Nothing in these Terms excludes or limits any warranty, right, or remedy that cannot lawfully be excluded or limited under applicable law.

Section 17 — Limitation of Liability

To the fullest extent permitted by applicable law, Carry Memento and its owners, affiliates, officers, directors, employees, agents, contractors, service providers, and licensors will not be liable for indirect, incidental, special, punitive, or consequential damages arising out of or related to your use of our Services or products purchased through our Services.

This includes, where permitted by law, losses such as lost profits, lost revenue, lost savings, loss of data, business interruption, or replacement costs.

Our total liability for any claim arising out of or relating to your use of our Services or purchase of our products will not exceed the amount you paid to Carry Memento for the specific product or service giving rise to the claim, except where a greater amount is required by applicable law.

Nothing in these Terms limits liability that cannot legally be limited or excluded.

Section 18 — Indemnification

To the fullest extent permitted by applicable law, you agree to indemnify and hold harmless Carry Memento, its owners, affiliates, officers, directors, employees, agents, contractors, licensors, and service providers from claims, losses, damages, liabilities, costs, and reasonable attorneys’ fees arising from:

1. Your violation of these Terms;

2. Your violation of applicable law or the rights of another person or entity;

3. Your misuse of our Services; or

4. Content or information you submit to our Services that violates the rights of another person or entity.

We will provide reasonable notice of any claim for which indemnification is sought, where required by applicable law.

Section 19 — Severability

If any provision of these Terms is determined to be unlawful, invalid, or unenforceable, that provision will be enforced to the fullest extent permitted by applicable law, and the remaining provisions will continue in full force and effect.

Section 20 — Waiver and Entire Agreement

Our failure to enforce any right or provision of these Terms does not constitute a waiver of that right or provision.

These Terms, together with the policies and documents expressly incorporated into them, constitute the entire agreement between you and Carry Memento concerning your use of our Services and supersede prior or contemporaneous agreements relating to the same subject matter.

If any ambiguity arises in the interpretation of these Terms, the Terms will be interpreted in accordance with applicable law.

Section 21 — Assignment

You may not assign or transfer your rights or obligations under these Terms without our prior written consent.

We may assign or transfer our rights and obligations under these Terms in connection with a merger, acquisition, reorganization, sale of assets, or other business transaction, or as otherwise permitted by applicable law.

Section 22 — Governing Law and Jurisdiction

These Terms and any separate agreements through which we provide our Services will be governed by the laws applicable in the jurisdiction where Carry Memento is legally established, without regard to conflict-of-law principles.

Any dispute arising from or relating to these Terms or your use of our Services will be subject to the courts having proper jurisdiction over the matter and the parties, except where applicable law provides otherwise.

Nothing in this section limits any mandatory consumer rights or protections available to you under the laws of your state, province, or country of residence.

Important: Before publishing this section, replace the general wording above with the actual state or country in which your business is legally established if you want the governing-law provision to identify a specific jurisdiction.

Section 23 — Headings

The headings used in these Terms are provided for convenience only and do not limit or otherwise affect the meaning of any provision.

Section 24 — Changes to These Terms

You can review the most current version of these Terms at any time on this page.

We may update, modify, or replace these Terms from time to time by posting an updated version on our website.

When required by applicable law, we will provide notice of material changes.

Your continued use of our Services after updated Terms are posted constitutes acceptance of the revised Terms to the extent permitted by applicable law.