Terms of service
Terms of Service
OVERVIEW
Welcome to Mad Capper! The terms “we”, “us” and “our” refer to Mad Capper. Mad Capper operates this store and website, including all related information, content, features, tools, products and services in order to provide you, the customer, with a curated shopping experience (the “Services”). Mad Capper is powered by Shopify, which enables us to provide the Services to you.
The below terms and conditions, together with any policies referenced herein (these “Terms of Service” or “Terms”) describe your rights and responsibilities when you use the Services.
Please read these Terms of Service carefully, as they include important information about your legal rights and cover areas such as warranty disclaimers and limitations of liability.
By visiting, interacting with or using our Services, you agree to be bound by these Terms of Service and our Privacy Policy [LINK]. If you do not agree to these Terms of Service or Privacy Policy, you should not use or access our Services.
SECTION 1 - ACCESS AND ACCOUNT
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, and you have given us your consent to allow any of your minor dependents to use the Services on devices you own, purchase or manage.
To use the Services, including accessing or browsing our online stores or purchasing any of the products or services we offer, you may be asked to provide certain information, such as your email address, billing, payment, and shipping information. You represent and warrant that all the information you provide in our stores is correct, current and complete and that you have all rights necessary to provide this information.
You are solely responsible for maintaining the security of your account credentials and for all of your account activity. You may not transfer, sell, assign, or license your account to any other person.
SECTION 2 - OUR PRODUCTS
We have made every effort to provide an accurate representation of our products and services in our online stores. However, please note that colors or product appearance may differ from how they may appear on your screen due to the type of device you use to access the store and your device settings and configuration.
Due to the nature of embroidery production, slight variations in thread color, placement, sizing, and stitching may occur and are not considered defects.
We do not warrant that the appearance or quality of any products or services purchased by you will meet your expectations or be the same as depicted or rendered in our online stores.
All descriptions of products are subject to change at any time without notice at our sole discretion. We reserve the right to discontinue any product at any time and may limit the quantities of any products that we offer to any person, geographic region or jurisdiction, on a case-by-case basis.
SECTION 3 - ORDERS
When you place an order, you are making an offer to purchase. Mad Capper reserves the right to accept or decline your order for any reason at its discretion. Your order is not accepted until Mad Capper confirms acceptance. We must receive and process your payment before your order is accepted.
Please review your order carefully before submitting, as Mad Capper may be unable to accommodate cancellation requests after an order is accepted. Because many of our products are custom embroidered to order, cancellations or modifications may not be possible once production has begun.
In the event that we do not accept, make a change to, or cancel an order, we will attempt to notify you by contacting the e-mail, billing address, and/or phone number provided at the time the order was made.
Your purchases are subject to return or exchange solely in accordance with our Refund Policy [LINK].
Customers agree to contact us directly regarding any issue with an order before initiating a payment dispute or chargeback. Fraudulent chargebacks may be disputed with supporting production, order, and shipment documentation.
You represent and warrant that your purchases are for your own personal or household use and not for commercial resale or export.
SECTION 4 - PRICES AND BILLING
Prices, discounts and promotions are subject to change without 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 set out in your order confirmation email. Unless otherwise expressly stated, posted prices do not include taxes, shipping, handling, customs or import charges.
Prices posted in our online stores may be different from prices offered in physical stores or in online or other stores operated by third parties. We may offer, from time to time, promotions on the Services that may affect pricing and that are governed by terms and conditions separate from these Terms. If there is a conflict between the terms for a promotion and these Terms, the promotion terms will govern.
You agree to provide current, complete and accurate purchase, payment and account information for all purchases made at 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 can complete your transactions and contact you as needed.
You represent and warrant that:
(i) the credit card information you provide is true, correct, and complete,
(ii) you are duly authorized to use such credit card for the purchase,
(iii) charges incurred by you will be honored by your credit card company, and
(iv) you will pay charges incurred by you at the posted prices, including shipping and handling charges and all applicable taxes, if any.
SECTION 5 - SHIPPING AND DELIVERY
We are not liable for shipping and delivery delays. All delivery times are estimates only and are not guaranteed. We are not responsible for delays caused by shipping carriers, customs processing, weather conditions, or events outside our control.
Customers are responsible for providing accurate and complete shipping information at checkout, including apartment or unit numbers where applicable.
If a package is returned to sender due to an incorrect or incomplete address provided by the customer, failed delivery attempts, or refusal of delivery, we may issue a refund minus original shipping charges once the package has been returned to us.
Customers may place a new order using the corrected shipping information.
We are not responsible for packages marked as delivered by the shipping carrier.
Once products are transferred to the shipping carrier, title and risk of loss pass to the customer.
SECTION 6 - INTELLECTUAL PROPERTY
Our Services, including but not limited to all trademarks, brands, text, displays, images, graphics, product reviews, video, and audio, and the design, selection, and arrangement thereof, are owned by Mad Capper, its affiliates or licensors and are protected by U.S. and foreign patent, copyright and other intellectual property laws.
These Terms permit you to use the Services for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on the Services without our prior written consent.
Except as expressly provided herein, nothing in these Terms grants or shall be construed as granting a license or other rights to you under any patent, trademark, copyright, or other intellectual property of Mad Capper, Shopify or any third party. Unauthorized use of the Services may be a violation of federal and state intellectual property laws. All rights not expressly granted herein are reserved by Mad Capper.
Mad Capper’s names, logos, product and service names, designs, and slogans are trademarks of Mad Capper or its affiliates or licensors. You must not use such trademarks without the prior written permission of Mad Capper.
Shopify’s name, logo, product and service names, designs and slogans are trademarks of Shopify. All other names, logos, product and service names, designs, and slogans on the Services are the trademarks of their respective owners.
SECTION 7 - OPTIONAL TOOLS
You may be provided with access to customer tools offered by third parties as part of the Services, which we neither monitor nor have any control nor 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 the optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new features through the Services (including the release of new tools and resources). Such new features shall also be deemed part of the Services and are 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 any embedded third party functionality). We are not responsible for examining or evaluating the content or accuracy of any third-party materials or websites you choose to access. If you decide to leave the Services to access these materials or third party sites, you do so at your own risk.
We are not liable for any harm or damages related to your access of any third-party websites, or your purchase or use of any products, services, resources, or content on 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 and services should be directed to the third-party.
SECTION 9 - RELATIONSHIP WITH SHOPIFY
Mad Capper is powered by Shopify, which enables us to provide the Services to you. However, any sales and purchases you make in our Store are made directly with Mad Capper.
By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of any sales between you and Mad Capper, including any injury, damage, or loss resulting from purchased products and services.
You hereby expressly release Shopify and its affiliates from all claims, damages, and liabilities arising from or related to your purchases and transactions with Mad Capper.
SECTION 10 - PRIVACY POLICY
All personal information we collect through the Services is subject to our Privacy Policy, which can be viewed here [LINK], and certain personal information may be subject to Shopify’s Privacy Policy.
By using the Services, you acknowledge that you have read these privacy policies.
Because the Services are hosted by Shopify, Shopify collects and processes personal information about your access to and use of the Services in order to provide and improve the Services for you.
SECTION 11 - FEEDBACK
If you submit reviews, comments, suggestions, or other feedback to us, you grant Mad Capper a perpetual, worldwide, royalty-free license to use, reproduce, publish, and display such content for marketing, operational, or commercial purposes.
You agree that your feedback will not violate any law or third-party rights.
We reserve the right to remove any content we determine to be inappropriate, unlawful, abusive, or misleading.
SECTION 12 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on the Services that contain typographical errors, inaccuracies or omissions relating to product descriptions, pricing, promotions, shipping charges, transit times or availability.
We reserve the right to correct any errors, inaccuracies or omissions and to change or update information or cancel orders if any information is inaccurate at any time without prior notice.
SECTION 13 - PROHIBITED USES
You may not use the Services:
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for unlawful purposes
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to violate laws or regulations
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to infringe intellectual property rights
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to distribute malware or malicious code
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to scrape, spam, phish, or interfere with the operation of the Services
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to harass, abuse, threaten, or impersonate others
We reserve the right to terminate access to the Services for violations of these Terms.
SECTION 14 - TERMINATION
We may terminate or suspend access to the Services at any time without notice if we believe you have violated these Terms.
The following sections survive termination:
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Intellectual Property
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Disclaimer of Warranties
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Limitation of Liability
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Indemnification
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Governing Law
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Any provisions intended to survive termination
SECTION 15 - DISCLAIMER OF WARRANTIES
THE SERVICES AND PRODUCTS ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED.
We do not guarantee uninterrupted, secure, or error-free operation of the Services.
To the fullest extent permitted by law, Mad Capper disclaims all implied warranties including merchantability, fitness for a particular purpose, durability, title, and non-infringement.
SECTION 16 - LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY LAW, Mad Capper SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING FROM YOUR USE OF THE SERVICES OR PRODUCTS.
THIS INCLUDES, WITHOUT LIMITATION:
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LOST PROFITS
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LOST DATA
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SHIPPING DELAYS
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LOST OR STOLEN PACKAGES
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DELIVERY FAILURES
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PRODUCT MISUSE
OUR TOTAL LIABILITY SHALL NOT EXCEED THE AMOUNT PAID FOR THE PRODUCT GIVING RISE TO THE CLAIM.
SECTION 17 - INDEMNIFICATION
You agree to indemnify and hold harmless Mad Capper, Shopify, and our affiliates, officers, employees, and service providers from any claims, damages, liabilities, costs, or expenses arising from:
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your breach of these Terms
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your misuse of the Services
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your violation of any law or third-party rights
SECTION 18 - SEVERABILITY
If any provision of these Terms is determined to be unlawful or unenforceable, the remaining provisions shall remain in full force and effect.
SECTION 19 - WAIVER; ENTIRE AGREEMENT
Failure to enforce any provision of these Terms shall not constitute a waiver of that provision.
These Terms, together with our posted policies, constitute the entire agreement between you and Mad Capper regarding use of the Services.
SECTION 20 - ASSIGNMENT
You may not assign or transfer your rights under these Terms without our prior written consent.
We may assign or transfer these Terms without restriction.
SECTION 21 - GOVERNING LAW
These Terms shall be governed by and construed in accordance with the laws of the State of Texas, United States.
You agree to submit to the exclusive jurisdiction of the courts located in Texas.
SECTION 22 - HEADINGS
Headings are included for convenience only and do not affect interpretation of these Terms.
SECTION 23 - CHANGES TO TERMS OF SERVICE
We reserve the right to update or modify these Terms at any time by posting changes to this page.
Your continued use of the Services after any updates constitutes acceptance of those changes.
SECTION 24 - CONTACT INFORMATION
Questions about these Terms of Service should be sent to: