Terms of service

OVERVIEW
Welcome to Retro MTL! The terms "we", "us", and "our" refer to Retro MTL. Retro MTL operates this store and website, including all related information, content, features, tools, products, and services in order to provide you, as a customer, with a personalized shopping experience (hereinafter referred to as the “Services”). Retro MTL is a store powered by Shopify, which enables us to provide you with the Services.

The Terms of Use below, along with all related policies (the “Terms of Service” or “Terms”), outline your rights and responsibilities when using the Services.

Please read these Terms of Service carefully, as they contain important information about your legal rights and cover areas such as 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 or our Privacy Policy, you must 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 give us your consent to allow any minors in your care to use the Services on devices you own, purchase, or manage.
To use the Services, including accessing or browsing our online store, or purchasing any products or services we offer, you may be required to provide certain information, such as your email address and billing, payment, and shipping details. You represent and warrant that all information you provide through our store is accurate, current, and complete, and that you have all necessary rights to provide such information.
You are solely responsible for maintaining the security of your account credentials and for all activities under your account. You are not permitted to transfer, sell, assign, or license your account to any other person.

SECTION 2 - OUR PRODUCTS
We have made every effort to accurately represent our products and services in our online store. However, please note that the colors or appearance of products may differ from how they appear on your screen due to the type of device you use to access the store, as well as your device's settings and configuration.
We do not guarantee that the appearance or quality of the products or services you purchase will meet your expectations or match the descriptions or representations provided in our online store.
All product descriptions are subject to change at any time without notice, at our sole discretion. We reserve the right to remove any product at any time and may limit the quantities of any product 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. Retro MTL reserves the right to accept or decline your order for any reason, at its sole discretion. Your order is not accepted until Retro MTL has confirmed its acceptance. We must receive and process your payment before your order is accepted. Please review your order carefully before submitting it, as Retro MTL may not be able to accommodate cancellation requests after an order has been accepted. If we choose not to accept, modify, or cancel an order, we will make an effort to inform you by contacting the email address, billing address, and/or phone number provided at the time of the order.
Your purchases may only be returned or exchanged in accordance with our Refund Policy.

SECTION 4 - PRICING 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 reflected in your order confirmation email. Unless otherwise stated, the prices displayed do not include taxes, shipping and handling fees, customs duties, or import charges.
Prices displayed in our online stores may differ from those offered in physical stores or in online or other stores operated by third parties. From time to time, we may offer promotions through the Services that may affect pricing and are governed by separate terms and conditions. In the event of a conflict between the terms of a promotion and these Terms, the promotional terms will prevail.
You agree to provide current, complete, and accurate purchase, payment, and account information for all purchases made through 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 that credit card for the purchase, (iii) charges incurred by you will be honored by your credit card company, and (iv) you will pay the charges incurred by you at the posted prices, including all applicable shipping and handling fees and taxes, if any.

SECTION 5 - SHIPPING AND DELIVERY
We are not responsible for shipping and delivery delays. All shipping times are estimates and are not guaranteed. We are not liable for delays caused by freight carriers, customs processing, or events beyond our control. Once we hand over the products to the carrier, ownership and the risk of loss transfer to you.

SECTION 6 - INTELLECTUAL PROPERTY
Our Services, including but not limited to all trademarks, trade names, text, displays, images, graphics, product reviews, videos, and audio, as well as the design, selection, and arrangement thereof, are the property of Retro MTL, its affiliates, or its licensors and are protected by U.S. and foreign copyright, patent, and other intellectual property laws.
These Terms permit you to use the Services for your personal, non-commercial use only. You may 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 shall be construed as conferring any license or other rights under any patent, trademark, copyright, or other intellectual property of Retro MTL, Shopify, or any third party. Unauthorized use of the Services may violate federal and state intellectual property laws. All rights not expressly granted herein are reserved by Retro MTL.
The names, logos, product and service names, designs, and slogans of Retro MTL are trademarks of Retro MTL or its affiliates or licensors. You must not use such marks without the prior written permission of Retro MTL. The name, logo, product and service names, designs, and slogans of Shopify 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 - THIRD-PARTY LINKS
The Services may contain materials and hyperlinks to websites provided or operated by third parties (including any integrated third-party features). 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 choose to leave the Services to access such 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 to third-party websites or your purchase or use of products, services, resources, or content from third-party websites. Please carefully review the policies and practices of third parties and make sure you understand them before engaging in any transaction. Complaints, claims, concerns, or questions regarding third-party products or services should be directed to the applicable third party.

SECTION 8 - RELATIONSHIP WITH SHOPIFY
Retro MTL is powered by Shopify, which enables us to provide the Services to you. However, any sales and purchases you make through our Store are conducted directly with Retro MTL. By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of the sales between you and Retro MTL, including any injury, damage, or loss resulting from the products and services purchased. You expressly release Shopify and its affiliates from any claims, damages, and liabilities arising from or related to your purchases and transactions with Retro MTL.

SECTION 9 - PRIVACY POLICY
All personal information we collect through the Services is subject to our Privacy Policy, and some personal information may also be subject to Shopify’s Privacy Policy, which can be viewed here. By using the Services, you acknowledge that you have read these privacy policies.
Since the Services are hosted by Shopify, Shopify collects and processes personal information regarding your access to and use of the Services in order to provide and improve the Services. The information you submit to the Services will be transmitted to and shared with Shopify, as well as with third parties who may be located in countries other than the one in which you reside, in order to provide you with services. Please refer to our Privacy Policy for more details on how we, Shopify, and our partners use your personal information.

SECTION 10 - FEEDBACK
If you submit, upload, post, email, or otherwise transmit ideas, suggestions, feedback, reviews, proposals, packages, or other content (collectively referred to as “Feedback”), you grant us a perpetual, worldwide, sublicensable, and royalty-free license to use, reproduce, modify, publish, distribute, and display such Feedback on any media and for any purpose, including commercial purposes. For example, we may use the rights granted by this license to operate, provide, evaluate, enhance, improve, and promote the Services, as well as to fulfill our obligations and exercise our rights under the Terms of Service.
You also represent and warrant that (i) you own or have all necessary rights to the Feedback; (ii) you have disclosed any compensation or incentive received in connection with your submission of Feedback; and (iii) your Feedback will comply with these Terms. We have no obligation (1) to keep your Feedback confidential; (2) to pay compensation for your Feedback; or (3) to respond to your Feedback.
We may, but are not obligated to, review, edit, or remove Feedback that we deem, in our sole discretion, to be illegal, offensive, threatening, defamatory, pornographic, obscene, or otherwise objectionable, or that violates the intellectual property rights of any party or these Terms of Service.
You agree that your Feedback does not violate any third party rights, including copyrights, trademarks, privacy, publicity, or any other personal or proprietary rights. You also agree that your Feedback does not contain defamatory or otherwise illegal, abusive, or obscene content, nor any computer viruses or other malicious software that could harm the operation of the Services or any related website. You may not use a false email address, impersonate anyone other than yourself, or mislead us or third parties about the origin of any Feedback. You are solely responsible for any Feedback you provide and for its accuracy. We disclaim all liability for any Feedback posted by you or any third party.

SECTION 11 - ERRORS, INACCURACIES AND OMISSIONS
errors, inaccuracies, or omissions may occasionally occur in the information on or within the Services, which may relate to product descriptions, pricing, promotions, offers, shipping fees, delivery times, and availability. We reserve the right to correct any error, inaccuracy, or omission, and to modify or update the information or cancel orders if any information is found to be inaccurate, at any time and without prior notice (including after you have submitted your order).

SECTION 12 - PROHIBITED USES
You may only access and use the Services for lawful purposes. You may not access or use the Services, directly or indirectly, to: (a) engage in any unlawful or malicious activity; (b) violate any international, federal, provincial, national, or local regulation, rule, law, or ordinance; (c) infringe or violate our intellectual property rights or those of others; (d) harass, abuse, insult, harm, defame, slander, disparage, intimidate, or injure any of our employees or any other person; (e) transmit false or misleading information; (f) knowingly send, receive, upload, download, use, or reuse any material that does not comply with these Terms; (g) transmit or facilitate the sending of any advertising or promotional material, including “junk mail,” “chain letters,” “spam,” or any other similar solicitation; (h) impersonate or attempt to impersonate any person or entity; or (i) engage in any other conduct that restricts or prevents anyone else from using or enjoying the Services, or that we believe may harm Retro MTL, Shopify, or the users of the Services, or expose them to liability.

Additionally, you agree not to: (a) upload or transmit viruses or any other type of malicious code that will or may be used in a way that affects the functionality or operation of the Services; (b) reproduce, duplicate, copy, sell, resell, or exploit any part of the Services; (c) collect or track the personal information of others; (d) send spam, phishing, pharming, pretexting, bots, harvesting, or scraping; or (e) interfere with or circumvent the security features of the Services or any related website, other websites, or the Internet. We reserve the right to suspend, disable, or terminate your account at any time, without notice, if we believe you have violated any part of these Terms.

SECTION 13 - TERMINATION
We may terminate this agreement or your access to the Services (or any part thereof) at our sole discretion, at any time and without notice, and you will remain liable for all amounts owed up to and including the date of termination.
The following sections will continue to apply after any termination: Intellectual Property, Feedback, Termination, Disclaimer of Warranties, Limitation of Liability, Indemnification, Severability, Waiver; Entire Agreement, Assignment, Governing Law, Privacy Policy, and any other provision which by its nature should survive termination.

SECTION 14 - DISCLAIMER OF WARRANTIES

The information presented on or through the Services is made available solely for general informational purposes. We do not guarantee the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability arising from any reliance you or any other visitor to the Services, or any other person informed of their content, may place on such content.
Except as expressly provided by Retro MTL, the Services and all products offered through the Services are provided “as is” and “as available” for your use, without any representation, warranty, or condition of any kind, express or implied, including, but not limited to, any implied warranties or conditions 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. Some jurisdictions do not allow the disclaimer of implied warranties or other disclaimers, so the above disclaimer may not apply to you.

SECTION 15 - LIMITATION OF LIABILITY
To the fullest extent permitted by law, in no event shall Retro MTL, our partners, directors, officers, employees, affiliates, agents, contractors, service providers, licensors, or those of Shopify and its affiliates be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including but not limited to loss of profits, loss of revenue, loss of savings, loss of data, replacement costs, or any other similar damages, whether based on contract, tort (including negligence), strict liability, or otherwise, arising from your use of the Services or any product obtained through the Services, or for any other claim related in any way to your use of the Services or any product, including but not limited to any errors or omissions in any content, or any loss or damage of any kind resulting from the use of the Services or any content (or product) made available through the Services, even if you have been advised of the possibility of such damages.

SECTION 16 - IDEMNIFICATION
You agree to indemnify, defend, and hold harmless Retro MTL, Shopify, and our affiliates, partners, officers, directors, employees, agents, contractors, licensors, and service providers from and against any losses, damages, liabilities, or claims, including reasonable attorney’s fees, payable to a third party arising out of or resulting from (1) your violation of these Terms of Service or any documents incorporated by reference, (2) your violation of any law or the rights of a third party, or (3) your access to and use of the Services.
We will notify you of any indemnifiable claim, provided that failure to promptly notify you shall not relieve you of your obligations unless you have suffered material prejudice. We may assume control of the defense and settlement of such claim at your expense, including the selection of counsel, but we will not settle any claim that requires non-monetary obligations on your part without your consent (which shall not be unreasonably withheld). You agree to cooperate in the defense of indemnified claims, including providing relevant documents.

SECTION 17 - SEVERABILITY
If any provision of these Terms of Service is found to be unlawful, void, or unenforceable, that provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable part shall be deemed severed from these Terms of Service without affecting the validity and enforceability of the remaining provisions.

SECTION 18 - WAIVER; ENTIRE AGREEMENT
Our failure to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service, together with any policies or operating rules posted by us on this site or relating to the Service, constitute the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications, and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguity in the interpretation of these Terms of Service shall not be construed against the party that drafted them.

SECTION 19 - ASSIGNMENT
You may not delegate, transfer, or assign this Agreement or any of your rights or obligations under these Terms without our prior written consent, and any attempt to do so shall be null and void. We may transfer, assign, or delegate these Terms and our rights and obligations without your consent or notice.

SECTION 20 – GOVERNING LAW
These Terms of Service and any separate agreements by which we provide you with Services shall be governed by and construed in accordance with the federal and state or territorial courts located in the jurisdiction where Retro MTL is headquartered. You and Retro MTL consent to the venue and personal jurisdiction of these courts.

SECTION 21 – HEADINGS
The headings used in this agreement are for convenience only and shall not affect or limit these Terms.

SECTION 22 – CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time on this page.
We reserve the right, at our sole discretion, to update, modify, or replace any part of these Terms of Service by posting updates and changes on our website. It is your responsibility to check our website regularly for changes. We will notify you of any material changes to these Terms in accordance with applicable law, and such changes will become effective on the date specified in the notice. Your continued use of or access to the Services after any changes to these Terms of Service have been posted constitutes acceptance of those changes.

SECTION 23 – CONTACT INFORMATION
Questions regarding the Terms of Service should be sent to us at info@retromtl.com.