OVERVIEW
Welcome to the Cookiful merchant! “We”, “us”, and “our” refer to [the merchant]. Cookiful operates this store and website, including all relevant information, content, features, tools, products, and services, to provide you, as a customer, with a carefully curated shopping experience (“Services”). Cookiful is powered by Shopify to enable us to provide the Services to you.
The following terms and conditions, and all policies referenced herein (collectively, the “Terms of Service” or “Terms”), describe your rights and responsibilities when using the Services.
Please read these Terms of Service carefully, as they contain important information regarding your legal rights and cover areas such as disclaimers of warranty 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 accepting these Terms of Service, you represent that you have reached the age of majority in your state or province of residence and that you consent to us allowing minors under your care to use the Services on devices you own, purchase, or manage.
To use the Services, access or browse our online stores
, or purchase any product or service we offer, you may be required to provide certain information, such as your email address, billing, payment, and shipping information. You represent and warrant that all information you provide in our stores is accurate, current, and complete, and that you have all rights to provide such information.
You are solely responsible for maintaining the security of your account credentials and for all activities conducted under your account. You may not transfer, sell, assign, or license your account to another person.
SECTION 2 - OUR PRODUCTS
We make every effort to ensure that our products and services are accurately represented in our online stores. However, please note that depending on the type of device you use to access the store, as well as your device settings and configuration, the colors or appearance of products may appear differently on your screen.
We do not guarantee that the appearance or quality of products or services displayed or offered in our online stores will meet or be the same as your expectations.
Product descriptions are subject to change at any time at our sole discretion and without prior notice. We reserve the right to discontinue any product at any time and may limit the quantities of products we offer to a specific person, geographic region or jurisdiction, as appropriate.
SECTION 3 - ORDERS
When you place an order, you are making an offer to purchase. Cookiful reserves the right to accept or reject your order for any reason and at its sole discretion. Your order is not considered accepted until it is confirmed by Cookiful. For your order to be accepted, we need to receive and process your payment. Please check your order carefully before shipping, as Cookiful may not be able to handle cancellation requests once an order has been accepted. In the event of non-acceptance, modification or cancellation of an order, we will attempt to contact you via the email address, billing address and/or phone number you provided during the ordering process.
Products purchased are only eligible for return or exchange in accordance with our Refund Policy [LINK].
You represent and warrant that the products you purchase are for your personal or household use and not for commercial resale or export.
SECTION 4 - PRICING AND BILLING
Prices, discounts, and promotions are subject to change without notice. The price to be charged for a product or service is the price valid at the time the order is placed and will be stated in your order confirmation email. Unless expressly stated otherwise, advertised prices do not include taxes, shipping, handling, customs, or import fees.
Prices published in our online stores may differ from prices offered in physical stores or other online or third-party operated stores. From time to time, we may offer promotions on our services that may affect prices and are subject to separate Terms and Conditions. In the event of any conflict between the terms of a promotion and these Terms, the terms of the promotion shall prevail.
You agree to provide current, complete, and accurate purchase, payment, and account information for all purchases made in our stores. This is so that we can complete your transactions and contact you as needed. You agree to promptly update your account and other information, including your email address, credit card numbers, and expiration dates.
(i) You represent and warrant that the credit card information you provide is accurate, complete, and accurate; (ii) that you are authorized to use the credit card for the purchase; (iii) that your charges will be paid by your credit card company; and (iv) that you will pay all charges on the published prices, including shipping and handling charges and any applicable taxes.
SECTION 5 - SHIPPING AND DELIVERY
We are not responsible for shipping and delivery delays. All delivery times are estimates and are not guaranteed. We are not responsible for delays caused by the shipping company, customs procedures, or events beyond our control. Ownership and the risk of loss pass to you once we hand over the goods to the shipping company.
SECTION 6 - INTELLECTUAL PROPERTY
Our services, including but not limited to all trademarks, brands, texts, images, pictures, graphics, product reviews, video and audio content, and their design, selection, and arrangement, are the property of Cookiful, 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 solely for your personal, non-commercial use. You may not reproduce, distribute, modify, create derivative works from, publicly display, publicly perform, republish, download, store, or transmit any of the materials in the Services without our prior written consent. Unless expressly stated otherwise herein, nothing herein shall be construed as granting you a license or other right under any patent, trademark, copyright, or other intellectual property rights owned by Cookiful, Shopify, or any third party. Unauthorized use of the Services may constitute an infringement of federal and state intellectual property laws. All rights not expressly granted herein are reserved by Cookiful.
Cookiful’s names, logo, product and service names, designs, and slogans are trademarks of Cookiful or its affiliate or licensor. You may not use such trademarks without Cookiful’s prior written consent. 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 used in the Services are trademarks of their respective owners.
SECTION 7 - OPTIONAL TOOLS
As part of the Services, you may have access to customer tools provided by third parties that are not monitored, controlled, or directed by us.
You acknowledge and agree that we provide access to these tools "as is" and "as available" without any warranty, representation, or condition and without any endorsement. We will have no liability whatsoever arising from or relating to the use of optional third-party tools.
Your use of optional tools offered on the Site is entirely at your own risk and discretion, and you must ensure that you are aware of and agree to the terms of use of the tools provided by the respective third-party provider(s).
In the future, we may also provide new features (including the provision of new tools and resources) through the Services. Such new features will also be considered part of the Services and will be subject to these Terms of Service.
SECTION 8 - THIRD-PARTY LINKS
The Services may contain materials and links (including attached third-party functionality) to websites provided or operated by third parties. We are not responsible for reviewing or evaluating the content or accuracy of any third-party materials or websites you choose to access. If you decide to leave our Services and access these materials or third-party websites, you do so at your own risk.
We are not responsible for any damage or loss arising from your access to any third-party website or your purchase or use of products, services, resources, or content on such sites. Please carefully review the third party's policies and practices and ensure you understand them before initiating any transaction. Complaints, claims, concerns, or questions regarding third-party products and services should be directed directly to the third party.
SECTION 9 - RELATIONSHIP WITH SHOPIFY
[NOTE TO SELLER: This section accurately describes Shopify's relationship with your store and should not be removed or altered.]
Cookiful is powered by Shopify, which enables us to provide the Services to you. However, any sales and purchases you make on our store are made directly with Cookiful. By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of any sale between you and Cookiful; including but not limited to any injury, damage, or loss arising from purchased products and services. By doing so, you expressly release Shopify and its affiliates from all claims, damages, and liabilities arising from or in connection with your purchases and transactions with Cookiful.
SECTION 10 - PRIVACY POLICY All personal information we collect through the Services is subject to our Privacy Policy, which can be viewed here [LINK]; certain personal information is also subject to our Privacy Policy, which can be viewed here
[LINK].You may be subject to the Shopify Privacy Policy, which is available for viewing. By using the Services, you acknowledge that you have read this Privacy Policy.
Because the Services are hosted by Shopify, Shopify collects and processes your personal information relating to your access to and use of the Services in order to provide and improve the Services to you. Information you submit to the Services may be transmitted to and shared with Shopify and third parties located in countries different from your country of residence in order to provide you with the Services. For details on how your personal information is used by us, Shopify, and our partners, please review our Privacy Policy [LINK].
SECTION 11 - FEEDBACK
If you submit, upload, share, email, or otherwise transmit any ideas, suggestions, feedback, reviews, offers, plans, or other content (collectively, “Feedback”), you grant us a perpetual, worldwide, sublicensable, and royalty-free license to use, reproduce, modify, publish, distribute, and display such Feedback in any medium and for any purpose, including commercial use. For example, our rights under this license include: We may use your Feedback to operate, provide, evaluate, develop, improve, and promote the Services, and to fulfill our obligations and exercise our rights under the Terms of Service.
You also represent and warrant that: (i) you own the property rights or have all necessary rights to all Feedback; (ii) you disclose any compensation or incentive you receive in connection with submitting Feedback; and (iii) your Feedback complies with these Terms. We are not obligated to (1) keep your Feedback confidential, (2) pay you any compensation for your Feedback, or (3) respond to your Feedback.
At our sole discretion, we may monitor, edit, or remove Feedback that we determine to be unlawful, offensive, threatening, defamatory, libelous, pornographic, obscene, or otherwise objectionable, or that infringe any party's intellectual property rights or these Terms of Service; however, we have no obligation to do so.
You agree that your feedback will not infringe on the rights of any third party, including copyright, trademark, privacy, personality, or other personal or private rights. You also agree that your feedback will not contain defamatory or otherwise unlawful, abusive, or obscene feedback, or any computer viruses or other malware that could in any way affect the operation of the Services or any related website. You may not use a fake email address, impersonate someone else, or mislead us or third parties about the source of any feedback. You are solely responsible for any feedback you provide and its accuracy. We accept no responsibility and assume no liability for Feedback shared by you or any third party.
SECTION 12 - ERRORS, INCONSISTENCIES, AND OMISSIONS
From time to time, the Services may contain information with typographical errors, inconsistencies, or omissions regarding product descriptions, prices, promotions, offers, product shipping costs, delivery times, and stock availability. In the event that any information is inaccurate, we reserve the right to correct errors, inconsistencies, or omissions, change, update, or cancel information at any time without prior notice (even after you have submitted your order).
ARTICLE 13 - PROHIBITED USES
You may only access and use the Services for lawful purposes. You may not access or use the Services directly or indirectly for the following purposes: (a) any unlawful or malicious purpose; (b) to violate any international, federal, state, or local regulation, rule, law, or local ordinance; (c) to infringe or violate our Intellectual Property Rights or the Intellectual Property Rights of others; (d) to harass, abuse, insult, harm, defame, libel, humiliate, intimidate, or injure our employees or any other person; (e) to transmit false or misleading information; (f) to knowingly submit, receive, upload, download, use, or reuse any material that does not comply with these Terms. (g) to transmit or cause to be transmitted any advertising or promotional material, including any solicitation such as "unsolicited email", "chain letter", "spam" or similar; (h) to impersonate or attempt to impersonate another person or entity; or (i) to restrict or impede the use or enjoyment of the Services by any person or entity, or to use Cookiful as determined by us.Engaging in any other conduct that could harm Shopify or Service users or hold them liable.
You also agree not to: (a) upload or transmit viruses or other types of malicious code that may be used or could be used to affect the functionality or operation of the Services; (b) reproduce, copy, extract, sell, resell, or exploit any part of the Services; (c) collect or monitor the personal information of others; (d) use the Services for spam, phishing, fake websites, or deception; (e) use any bots, spiders, scrapers, data collection and extraction tools, automated devices or processes, artificial intelligence tools (e.g., agentic AI), or automated or manual methods to access the Services; or (f) interfere with, circumvent, or bypass any security or authorization features, bot blocking headers, or other measures we use to restrict access to the Services. If we determine that you have violated any part of these Terms, we reserve the right to suspend, disable, or terminate your account at any time without prior notice.
SECTION 14 - AGENTS
14.1 This section ("Agent Terms") applies if you use, authorize, activate, or cause to be activated an Agent to access, use, or interact with any Service. "Agent" means any software or service that can be operated using or on behalf of a person's device and performing autonomous or semi-autonomous actions on behalf of or at the direction of any person or entity without direct supervision.
14.2 No Agent may access, use, or interact with the Services unless they always identify themselves and operate in strict compliance with the requirements set forth in section 14.4 below. Furthermore, no Agent may access, use, or interact with the Services if we require that the Agent not access, use, or interact with any Service.
14.3 We may limit how and in what way any Agent may access, use, and interact with the Services, including through technical measures.
14.4 Agents shall: (i) indicate in all HTTP/HTTPS requests that the request originates from an Agent and explicitly declare the Agent's name in the request's user agent string using “Agent/[agent name]”; (ii) not conceal or obscure that any access, use, or interaction originates from an Agent, for example, by (a) mimicking human behavior and interaction patterns or (b) completing or circumventing CAPTCHA or measures intended to distinguish computer usage from humans; (iii) accurately respond to any question or request intended to determine whether interactions originate from a human or a computer; (iv) not circumvent or otherwise prevent any measures intended to block, restrict, modify, or control Agents' access, use, or interaction with the Services.
SECTION 15 - TERMINATION
We may terminate this agreement or your access to the Services (or any part thereof) at any time at our sole discretion without notice, and you will remain liable for all your obligations up to the date of termination.
The following sections will remain in effect after any termination: Intellectual Property, Feedback, Termination, Disclaimer of Warranties, Limitation of Liability, Indemnification, Severability, Waiver; the entire Agreement, Assignment, Applicable Law, Privacy Policy, and other provisions which, by their nature, should remain in effect after termination.
SECTION 16 - DISCLAIMER OF WARRANTIES
The information provided on or through the Services is for general informational purposes only. We make no warranties as to the accuracy, completeness, or usefulness of this information. Any actions you take based on this information are entirely at your own risk. We disclaim all responsibility and liability arising from reliance on these materials by you or any other visitor to our Services, or from reliance on these materials by any person who is aware of their content.
EXCEPT AS EXPRESSLY STATED BY THE [SELLER], THE SERVICES AND ALL PRODUCTS PROVIDED THROUGH THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT ANY REPRESENTATIONS, WARRANTIES, OR CONDITIONS, EXPRESS OR IMPLIED. THIS INCLUDES ANY IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE, AND NON-INFRINGEMENT. WE DO NOT GUARANTEE, REPRESENT, OR WARRANTY THAT YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE. SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHERWISE WARRANTIES; THEREFORE, THE ABOVE DISCLAIMER PROVISIONS MAY NOT APPLY TO YOU.
SECTION 17 - LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW; IN NO EVENT SHALL [SELLER], OUR PARTNERS, DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, REPRESENTATIVES, CONTRACTORS, SERVICE PROVIDERS, OR LICENSORS, OR ANYONE OWNED BY SHOPIFY AND ITS AFFILIATES, BE LIABLE FOR ANY OFFENSE, REGARDLESS OF WHETHER IT IS BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER LEGAL BASIS; WE SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES, INJURY, LOSS OR CLAIM, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, LOSS OF REVENUE, LOSS OF SAVINGS, LOSS OF DATA, REPLACEMENT COSTS OR SIMILAR DAMAGES, ARISING FROM YOUR USE OF ANY OF THE SERVICES OR ANY PRODUCT OBTAINED THROUGH THE SERVICES OR ANY OTHER CLAIM IN ANY WAY RELATED TO YOUR USE OF THE SERVICES OR ANY PRODUCT. THIS SCOPE INCLUDES; THIS INCLUDES ANY LOSS OR DAMAGE ARISING AS A RESULT OF THE USE OF THE SERVICES OR ANY CONTENT (OR PRODUCT), INCLUDING ERRORS OR OMISSIONS IN ANY CONTENT PUBLISHED, TRANSMITTED OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICES; EVEN IF THE SERVICE WAS INFORMED OF THE POSSIBILITY OF SUCH DAMAGES.
SECTION 18 - INDEMNIFICATION
(1) You agree to indemnify, defend, and hold harmless [SELLER], Shopify, and its affiliates, partners, directors, officers, employees, representatives, contractors, licensors, and service providers from any loss, damage, liability, or claim (including reasonable attorneys' fees) arising out of or in connection with your breach of these Terms of Service or any documents incorporated by reference, (2) your breach 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 indemnification claim; however, delay in notification will not relieve you of your obligations unless you have suffered a material loss. We may pursue the defense and settlement of such claims at your expense, including the choice of attorney; however, we will not accept any settlement that creates a non-monetary liability from you without your consent, which cannot be unreasonably refused. You agree to cooperate in the defense of indemnification claims by providing relevant documentation.
CHAPTER 19 - DIVISIBILITY
If any provision of these Terms of Service is determined by a competent court to be unlawful, invalid, or unenforceable, that provision shall remain enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed severed from these Terms of Service. This shall not affect the validity and enforceability of the remaining provisions.
SECTION 20 - WAIVER; ENTIRE AGREEMENT
Our failure to exercise or enforce any right or provision set forth in these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules published by us on the site or relating to the Services constitute the entire agreement and understanding between you and us regarding your use of the Services and supersede all prior or concurrent oral or written agreements, notices, and offers (including but not limited to prior versions of these Terms of Service).
Any ambiguity arising from the interpretation of these Terms of Service shall not be construed to the detriment of the party that drafted them.
SECTION 21 - ASSIGNMENT
You may not assign, transfer, or convey this agreement or any of your rights and obligations under these Terms without our prior written consent, and any attempt to do so will be deemed null and void. We may assign, transfer, or convey these Terms and our rights and obligations without notice to you or without your consent.
SECTION 22 - APPLICABLE LAW
These Terms of Service and any separate agreements between us and you regarding the provision of the Services shall be governed by and construed in accordance with the laws of the federal and state or territorial courts within the jurisdiction in which Cookiful is headquartered. You and Cookiful agree to the jurisdiction and competence of such courts.
SECTION 23 - HEADINGS
The headings used in this agreement are for convenience only and do not limit or otherwise affect these Terms.
SECTION 24 - CHANGES TO THE TERMS OF SERVICE
You may 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 revise any part of these Terms of Service by publishing updates and changes on our website. It is your responsibility to regularly check our website for changes. We will notify you of any significant changes to these Terms in accordance with applicable law, and such changes will take effect on the date specified in the notice. Your continued use of or access to the Services after the publication of any changes to these Terms of Service constitutes your acceptance of those changes.
SECTION 25 - CONTACT INFORMATION
You can send questions regarding the Terms of Service to support@cookiful.com.
Our contact information is as follows:
support@cookiful.com
