Terms of service
1. Overview
Welcome to EMMA MOLLY. By accessing or using emmamolly.com (the "Site"), purchasing products from us, or otherwise engaging with our services, you agree to be bound by these Terms of Service ("Terms"). Please read them carefully. If you do not agree to these Terms, you may not use the Site or purchase our products.
Throughout these Terms, "we," "us," and "our" refer to EMMA MOLLY. "You" and "your" refer to you, the user or customer. The Site is hosted on Shopify Inc., which provides the e-commerce platform that allows us to sell our products to you.
2. Eligibility
By using this Site or placing an order, you represent that you are at least 18 years of age or the age of majority in your jurisdiction, whichever is greater. You may not use our products for any illegal or unauthorized purpose.
3. Products & Descriptions
We make every effort to display our products accurately, including colors, sizes, and scents. However, actual product appearance may vary slightly due to differences in screen displays or manufacturing variations. Product descriptions, images, and pricing are subject to change without notice.
Scent descriptions are subjective. What one person experiences as "light floral," another may experience differently. We provide scent profiles as a guide, not as a guarantee of personal perception.
We reserve the right to discontinue any product at any time and to limit quantities. All purchases are subject to availability.
4. Pricing & Payment
All prices on the Site are listed in [U.S. Dollars (USD)] and are subject to change without notice. Prices at checkout are final and include applicable taxes where required by law. Shipping costs are additional and displayed at checkout before you complete your purchase.
We reserve the right to refuse or cancel any order at our sole discretion — including orders that appear to be placed by resellers, orders with pricing errors, or orders flagged as potentially fraudulent. If we cancel your order, you will receive a full refund.
Payment is due at the time of purchase. By providing payment information, you represent that you are authorized to use the payment method and that your billing information is accurate. We use third-party payment processors and do not store full credit card details on our servers.
5. User Accounts
If you create an account on our Site, you are responsible for maintaining the confidentiality of your login credentials and for all activity under your account. You agree to provide accurate and complete account information and to update it promptly if it changes. We reserve the right to suspend or terminate accounts that violate these Terms.
6. Intellectual Property
All content on the Site — including but not limited to the EMMA MOLLY name, logo, character designs, product images, illustrations, text, graphics, scent names, taglines, and overall brand identity — is the exclusive intellectual property of EMMA MOLLY and is protected by copyright, trademark, and other intellectual property laws. You may not reproduce, distribute, modify, create derivative works from, publicly display, or use any of our intellectual property without our prior written consent.
User-submitted content (such as product reviews, photos, and social media tags) grants EMMA MOLLY a non-exclusive, royalty-free, worldwide license to use, reproduce, and display that content in connection with our marketing and operations. You retain ownership of your content.
7. Prohibited Uses
In addition to other prohibitions set forth in these Terms, you may not use the Site or its content:
(a) For any unlawful purpose
(b) To solicit others to perform or participate in unlawful acts
(c) To violate any international, federal, state, or local laws or regulations
(d) To infringe upon our intellectual property rights or the rights of others
(e) To harass, abuse, insult, defame, or discriminate against others
(f) To submit false or misleading information
(g) To upload or transmit viruses, malware, or malicious code
(h) To collect or track personal information of others
(i) To spam, phish, or engage in fraudulent activity
(j) To interfere with the security features or proper working of the Site
Violation of any of these prohibited uses may result in termination of your access to our services.
8. Limitation of Liability
To the fullest extent permitted by law, EMMA MOLLY and its owners, employees, and affiliates shall not be liable for any direct, indirect, incidental, special, consequential, or punitive damages arising from your use of the Site, our products, or these Terms — including but not limited to lost profits, lost data, or personal injury — even if we have been advised of the possibility of such damages.
Our total liability to you for any claim arising from your purchase shall not exceed the purchase price of the product(s) at issue. This limitation applies regardless of the legal theory — contract, tort, strict liability, or otherwise.
Some jurisdictions do not allow limitations on implied warranties or the exclusion of certain damages. If these laws apply to you, some or all of the above limitations may not apply.
9. Disclaimer of Warranties
Our products and the Site are provided "as is" and "as available" without any warranties, express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that the Site will be uninterrupted, secure, or error-free, or that any defects will be corrected.
We do not guarantee that product descriptions, pricing, or other content on the Site are accurate, complete, or current. We reserve the right to correct errors and update information at any time.
10. Indemnification
You agree to indemnify, defend, and hold harmless EMMA MOLLY and its owners, employees, affiliates, and service providers from any claim, demand, or damages (including reasonable attorney's fees) arising out of your violation of these Terms, your misuse of the Site, or your infringement of any third-party rights.
11. Governing Law
These Terms of Service and any separate agreements shall be governed by and construed in accordance with the laws of the State of [Your State], United States, without regard to its conflict of law principles. Any dispute arising from these Terms or your use of the Site shall be resolved exclusively in the courts of [Your County, Your State].
12. Termination
These Terms are effective unless and until terminated by either you or us. You may terminate these Terms at any time by ceasing use of the Site. We may terminate these Terms or suspend your access to the Site at any time, without notice, if we determine that you have violated any provision of these Terms.
13. Changes to Terms
We reserve the right to update, change, or replace any part of these Terms by posting updates on the Site. It is your responsibility to check this page periodically for changes. Your continued use of the Site following the posting of any changes constitutes acceptance of those changes.
14. Contact Information
Questions about these Terms of Service should be sent to:
Email: [support@emmamolly.com]
Address: [Your Business Address]