Terms of service

OVERVIEW

Welcome to The Mars Glass. The terms “we”, “us” and “our” refer to The Mars Glass, a brand of Mars Gutters LLC. The Mars Glass 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”). The Mars Glass is powered by Shopify, which enables us to provide the Services to you.

These Terms of Service, together with our Privacy Policy, Refund & Returns Policy, and Shipping Policy, 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. If you do not agree to these Terms of Service, 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 browsing our store or purchasing any 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 information you provide through our store is accurate, current, and complete and that you have all rights necessary to provide such information.

You are solely responsible for maintaining the security of your account credentials and for all activity that occurs under your account. You may not transfer, sell, assign, or license your account to any other person.

SECTION 2 – OUR PRODUCTS

The Mars Glass offers handcrafted glass jewelry made in small batches in Thailand and shipped to customers in the United States.

Because of the handmade nature of our products, each piece is unique. Small variations in color, finish, shape, pattern, or visual effect are normal and are part of the character of handcrafted work.

We have made every effort to display as accurately as possible the colors, images, and details of our products. However, we cannot guarantee that your device’s display of any color or finish will be completely accurate.

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. The Mars Glass reserves the right to accept or decline your order for any reason at its sole discretion. Your order is not accepted until payment has been received and processed and we have confirmed acceptance.

Please review your order carefully before submitting it. Because we begin processing orders quickly, we may be unable to accommodate changes or cancellations after an order has been placed.

If we do not accept, make a change to, or cancel an order, we will attempt to notify you using the email address or other contact information provided at checkout.

Your purchases are subject to our Refund & Returns Policy.

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 stated in your order confirmation email.

Unless otherwise stated, posted prices do not include taxes, shipping charges, handling charges, customs duties, or import charges.

You agree to provide current, complete, and accurate billing, payment, and account information for all purchases made through our store. You agree to promptly update your information, including your email address and payment details, so that we can complete your transactions and contact you if needed.

You represent and warrant that:
(i) the payment information you provide is true, correct, and complete;
(ii) you are authorized to use the payment method submitted;
(iii) charges incurred by you will be honored by your payment provider; and
(iv) you will pay all charges incurred by you at the posted prices, including applicable taxes and shipping charges.

SECTION 5 – SHIPPING AND DELIVERY

We currently serve customers primarily within the United States and ship orders using USPS.

Our Shipping Policy explains our processing times, available shipping methods, and estimated transit times. All shipping and delivery timeframes are estimates only and are not guaranteed unless expressly stated by the carrier.

We are not liable for delays caused by shipping carriers, weather, postal interruptions, customs processing, or events outside our reasonable control. Once an order has been transferred to the shipping carrier, title and risk of loss pass to you to the extent permitted by law.

SECTION 6 – INTELLECTUAL PROPERTY

All content included in the Services, including but not limited to text, graphics, logos, icons, images, product names, product descriptions, videos, audio, and the design and arrangement of the website, is owned by The Mars Glass, Mars Gutters LLC, its affiliates, licensors, or content suppliers and is protected by copyright, trademark, and other intellectual property laws.

These Terms permit you to use the Services for personal, non-commercial use only. You must not reproduce, duplicate, copy, sell, resell, modify, publish, distribute, display, perform, or exploit any portion of the Services without our prior written permission.

The Mars Glass name, logos, product names, designs, and related branding are trademarks of Mars Gutters LLC dba The Mars Glass. Shopify and related marks are trademarks of Shopify. All other trademarks shown on the Services belong to their respective owners.

SECTION 7 – OPTIONAL TOOLS

You may be provided with access to tools or services offered by third parties. We neither monitor nor control such tools.

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 arising from or relating to your use of optional third-party tools.

Any use by you of optional tools offered through the site is entirely at your own risk and discretion.

SECTION 8 – THIRD-PARTY LINKS

The Services may contain links to third-party websites or services. We are not responsible for examining or evaluating the content or accuracy of third-party materials or websites.

If you choose to access any third-party website, you do so at your own risk. We are not liable for any harm or damages related to your access, purchase, or use of any products, services, resources, or content made available by third parties.

SECTION 9 – RELATIONSHIP WITH SHOPIFY

The Mars Glass 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 Mars Gutters LLC dba The Mars Glass.

By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of any sales between you and The Mars Glass, including any injury, damage, or loss resulting from purchased products and services. You expressly release Shopify and its affiliates from all claims, damages, and liabilities arising from or related to your purchases and transactions with The Mars Glass.

SECTION 10 – PRIVACY

All personal information we collect through the Services is subject to our Privacy Policy. Certain information may also be subject to Shopify’s Privacy Policy because Shopify powers our storefront and checkout experience.

By using the Services, you acknowledge that you have read and understood our Privacy Policy.

SECTION 11 – FEEDBACK

If you submit, upload, post, email, or otherwise send us any ideas, suggestions, feedback, reviews, proposals, or other content, you grant us a worldwide, royalty-free, perpetual, irrevocable, sublicensable license to use, reproduce, modify, publish, distribute, and display that content for business purposes, including marketing and promotional use.

You represent and warrant that you own or control all rights to any content you submit and that such content does not violate the rights of any third party.

We may, but are not required to, monitor, edit, or remove content that we determine in our sole discretion to be unlawful, offensive, threatening, defamatory, obscene, or otherwise objectionable.

SECTION 12 – ERRORS, INACCURACIES, AND OMISSIONS

Occasionally there may be information on the Services that contains 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, including after you have submitted your order.

SECTION 13 – PROHIBITED USES

You may access and use the Services for lawful purposes only. You may not use the Services:
(a) for any unlawful purpose;
(b) to violate any applicable law, regulation, or ordinance;
(c) to infringe or violate our intellectual property rights or the rights of others;
(d) to harass, abuse, insult, defame, threaten, or discriminate;
(e) to submit false or misleading information;
(f) to upload or transmit viruses or malicious code;
(g) to spam, phish, scrape, crawl, or harvest data;
(h) to interfere with the security or operation of the Services; or
(i) to impersonate any person or entity.

We reserve the right to suspend, restrict, or terminate access to the Services if we believe you have violated these Terms.

SECTION 14 – AGENTS AND AUTOMATED ACCESS

No automated system, bot, scraper, crawler, or agent may access or interact with the Services in a manner that disguises its automated nature, bypasses security controls, overwhelms our systems, or violates these Terms.

We may limit, block, or restrict automated access at any time.

SECTION 15 – TERMINATION

We may terminate or suspend your access to the Services, in whole or in part, at any time and without notice if we believe you have violated these Terms or applicable law.

All obligations and liabilities incurred prior to termination shall survive termination to the fullest extent permitted by law.

SECTION 16 – DISCLAIMER OF WARRANTIES

EXCEPT AS EXPRESSLY STATED BY THE MARS GLASS, THE SERVICES AND ALL PRODUCTS OFFERED THROUGH THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT ANY REPRESENTATION, WARRANTY, OR CONDITION OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE, AND NON-INFRINGEMENT.

WE DO NOT GUARANTEE THAT YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE.

SECTION 17 – LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL MARS GUTTERS LLC DBA THE MARS GLASS, ITS OWNERS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, LICENSORS, SERVICE PROVIDERS, OR SHOPIFY AND ITS AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, LOST REVENUE, LOST SAVINGS, LOSS OF DATA, OR REPLACEMENT COSTS, ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICES OR ANY PRODUCTS PURCHASED THROUGH THE SERVICES.

TO THE FULLEST EXTENT PERMITTED BY LAW, OUR TOTAL LIABILITY FOR ANY CLAIM ARISING OUT OF OR RELATING TO THE SERVICES OR ANY PRODUCT PURCHASED FROM US SHALL NOT EXCEED THE AMOUNT PAID BY YOU FOR THE SPECIFIC PRODUCT GIVING RISE TO THE CLAIM.

SECTION 18 – INDEMNIFICATION

You agree to indemnify, defend, and hold harmless Mars Gutters LLC dba The Mars Glass, Shopify, and our respective affiliates, officers, directors, employees, agents, contractors, licensors, and service providers from and against any claims, liabilities, damages, losses, and expenses, including reasonable attorneys’ fees, arising out of or related to:
(1) your breach of these Terms;
(2) your violation of any law or the rights of a third party; or
(3) your misuse of the Services.

SECTION 19 – SEVERABILITY

If any provision of these Terms is determined to be unlawful, void, or unenforceable, that provision shall nevertheless be enforceable to the fullest extent permitted by law, and the unenforceable portion shall be deemed severed from these Terms without affecting the validity and enforceability of any remaining provisions.

SECTION 20 – WAIVER; ENTIRE AGREEMENT

Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.

These Terms of Service, together with our posted policies, constitute the entire agreement between you and us regarding your use of the Services and supersede all prior or contemporaneous communications and proposals, whether oral or written.

SECTION 21 – ASSIGNMENT

You may not assign, transfer, or delegate your rights or obligations under these Terms without our prior written consent. We may assign or transfer these Terms at any time without notice to you.

SECTION 22 – GOVERNING LAW

These Terms of Service and any separate agreements whereby we provide Services shall be governed by and construed in accordance with the laws of the State of Washington, United States, without regard to conflict-of-law principles.

You agree that any dispute arising from or relating to these Terms or the Services shall be brought exclusively in the state or federal courts located in Washington State, and you consent to the personal jurisdiction and venue of those courts.

SECTION 23 – CHANGES TO THESE TERMS

We reserve the right to update, change, or replace any part of these Terms of Service by posting updates to this page. Your continued use of the Services after any changes are posted constitutes acceptance of those changes.

SECTION 24 – CONTACT INFORMATION

Questions about these Terms of Service should be sent to:

The Mars Glass
Mars Gutters LLC
themarsgutters@gmail.com