Terms of service
# Terms of Service
## Overview
This website is operated by Roast Mug. Throughout the site, the terms “we,” “us,” and “our” refer to Roast Mug. Roast Mug offers this website, including all information, tools, products, and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies, and notices stated here.
By visiting our site and/or purchasing something from us, you engage in our “Service” and agree to be bound by the following Terms of Service (“Terms”), including any additional terms, conditions, and policies referenced herein and/or available by hyperlink.
These Terms of Service apply to all users of the site, including without limitation users who are browsers, customers, merchants, vendors, and/or contributors of content.
Please read these Terms carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms. If you do not agree to all the terms and conditions of this agreement, you may not access the website or use any services.
Any new features, products, or tools added to the current store shall also be subject to these Terms of Service. We reserve the right to update, change, or replace any part of these Terms by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following any changes constitutes acceptance of those changes.
Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.
## Section 1 — Online Store Terms
By agreeing to these Terms, you represent that you are at least the age of majority in your state, province, or country of residence, or that you are the age of majority and have given us consent to allow any of your minor dependents to use this site.
You may not use our products for any illegal or unauthorized purpose. You may not, in the use of the Service, violate any laws in your jurisdiction, including but not limited to copyright, trademark, privacy, consumer protection, and online commerce laws.
You must not transmit worms, viruses, malware, or any code of a destructive nature.
A breach or violation of these Terms may result in immediate termination of your access to our Services.
## Section 2 — General Conditions
We reserve the right to refuse service to anyone for any reason at any time, to the fullest extent permitted by law.
You understand that your content, excluding credit card information, may be transferred unencrypted and may involve transmissions over various networks and changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell, exploit, scrape, or misuse any portion of the Service, use of the Service, access to the Service, or any contact on the website without express written permission from us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
## Section 3 — Accuracy, Completeness, and Timeliness of Information
We do our best to provide accurate and current information, but we are not responsible if information made available on this site is not accurate, complete, or current.
The material on this site is provided for general information only and should not be relied upon as the sole basis for making decisions. Any reliance on the material on this site is at your own risk.
This site may contain historical information. Historical information is not current and is provided for reference only.
We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information unless required by law.
## Section 4 — Product Information, Personalization, and Intended Use
Roast Mug sells personalized novelty drinkware, including heat-reveal or color-changing mugs designed to reveal printed artwork when exposed to heat.
The appearance of a heat-reveal design may vary depending on beverage temperature, ambient temperature, lighting, viewing angle, and the condition of the mug.
The heat-reactive coating may gradually reveal the printed design as the mug becomes warm and may gradually return to a darker appearance as the mug cools.
Product mockups, previews, photographs, and digital representations are intended to give a reasonable representation of the final product. Minor differences in color, positioning, cropping, print appearance, brightness, contrast, and placement may occur during production.
### Personalized Photos and Customer Content
Certain Roast Mug products allow customers to upload photographs, images, text, or other content for personalization.
By uploading content to Roast Mug, you represent and warrant that:
- You own the content or have the necessary permission and rights to use it.
- Your use of the content does not infringe any copyright, trademark, privacy, publicity, personality, or other rights of any third party.
- The content does not contain illegal material.
- You have permission to use photographs of identifiable individuals where legally required.
You grant Roast Mug and our fulfillment partners a limited, non-exclusive license to use, reproduce, crop, resize, adjust, process, and print submitted content solely for the purpose of creating, fulfilling, delivering, and supporting your order.
You remain responsible for the quality and suitability of the content you upload.
Low-resolution, blurry, dark, heavily cropped, or otherwise poor-quality images may result in reduced print quality.
Where available, previews are provided as a visual guide only and may not perfectly represent the final printed product.
We may refuse or cancel personalization requests containing content that we reasonably believe is unlawful, infringing, hateful, threatening, abusive, exploitative, or otherwise prohibited by law or our policies.
## Section 5 — Modifications to the Service and Prices
Prices for our products are subject to change without notice.
We reserve the right at any time to modify, suspend, or discontinue the Service, any product, promotion, discount, feature, or any part or content thereof without notice.
We shall not be liable to you or any third party for any modification, price change, promotion change, suspension, or discontinuance of the Service.
## Section 6 — Products or Services
Certain products or services may be available exclusively online through the website.
Products may be produced individually or made to order.
Certain personalized products may have limited eligibility for returns, refunds, replacements, or exchanges as described in our Refund Policy and as required by applicable law.
We have made every effort to display as accurately as possible the colors, images, features, dimensions, designs, and details of our products.
We cannot guarantee that your device or computer monitor’s display of any color will be accurate.
We reserve the right, but are not obligated, to limit the sale of our products or Services to any person, geographic region, or jurisdiction.
We may exercise this right on a case-by-case basis.
We reserve the right to limit quantities of any products or services that we offer.
All product descriptions, product images, availability, promotions, discounts, and pricing are subject to change at any time without notice.
We reserve the right to discontinue any product at any time.
Any offer for any product or service made on this site is void where prohibited.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, except as expressly stated in our applicable policies or required by law.
## Section 7 — Sale Items, Promotions, and Discounts
Promotional pricing, sale pricing, automatic discounts, discount codes, volume discounts, bundle offers, limited-time offers, and seasonal offers may be modified, extended, or ended at any time without notice.
Where an automatic quantity or volume discount is offered, eligibility may depend on the number of qualifying products in the cart or order.
Unless otherwise stated, discounts may not be combined with other promotions or discount codes.
Sale, discounted, promotional, bundled, personalized, or limited-time offer products may be subject to additional return or refund restrictions as stated in our Refund Policy.
Nothing in these Terms limits any rights you may have under applicable consumer protection laws.
## Section 8 — Accuracy of Billing and Account Information
We reserve the right to refuse, limit, or cancel any order you place with us.
We may, at our sole discretion, limit or cancel quantities purchased per person, per household, per payment method, per billing address, per shipping address, or per order.
These restrictions may include orders placed by or under the same customer account, the same credit card, the same billing address, the same shipping address, or orders that appear to be placed by dealers, resellers, distributors, or for fraudulent or abusive purposes.
If we make a change to or cancel an order, we may attempt to notify you by contacting the email address, billing address, shipping address, or phone number provided at the time the order was placed.
You agree to provide current, complete, and accurate purchase and account information for all purchases made at our store.
You agree to promptly update your information, including your email address, billing address, shipping address, and payment information, so that we can complete your transactions and contact you as needed.
For more detail, please review our Refund Policy and Shipping Policy.
## Section 9 — Shipping and Delivery
Roast Mug ships to the destinations displayed as available during checkout.
Shipping availability may vary depending on destination, product, fulfillment provider, seasonal demand, and other operational factors.
Delivery estimates are provided for convenience only and are not guaranteed.
Shipping and delivery times may vary depending on your location, production time, carrier handling, customs processing, local postal services, holidays, weather, fulfillment conditions, and seasonal order volume.
Personalized products may require production time before shipment.
You are responsible for providing a complete and accurate shipping address at checkout.
Roast Mug is not responsible for delays, failed delivery, returned packages, or additional costs caused by incorrect shipping information, missing apartment or unit numbers, unavailable recipients, refusal of delivery, or failure to collect a package.
Responsibility for lost or damaged shipments will be handled according to our Shipping Policy, Refund Policy, applicable carrier procedures, and applicable law.
Christmas delivery dates, holiday cutoffs, and delivery estimates are estimates unless expressly stated otherwise as guaranteed.
For more detail, please review our Shipping Policy.
## Section 10 — Optional Tools
We may provide you with access to third-party tools over which we neither monitor nor have control or input.
You acknowledge and agree that we provide access to such tools “as is” and “as available,” without warranties, representations, or conditions of any kind and without endorsement.
We shall have no liability whatsoever 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.
You should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider.
We may also offer new services, features, or resources through the website in the future.
Such new features and services shall also be subject to these Terms.
## Section 11 — Third-Party Links and Services
Certain content, products, services, payment systems, personalization tools, fulfillment systems, shipping services, and other features available through our Service may include materials or services from third parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us.
We are not responsible for examining or evaluating the content, accuracy, policies, practices, security, products, or services of third-party websites.
We do not warrant and will not have any liability or responsibility for third-party materials, websites, products, services, platforms, or providers, except where required by applicable law.
We are not liable for harm or damages related to purchases, use of goods, services, resources, content, or transactions made in connection with third-party websites or services to the extent permitted by law.
Please review third-party policies and practices carefully before engaging in any transaction.
Complaints, claims, concerns, or questions regarding third-party services should be directed to the appropriate third party where applicable.
## Section 12 — User Comments, Feedback, Reviews, and Submissions
If, at our request, you send specific submissions, or without a request from us you send creative ideas, suggestions, testimonials, reviews, proposals, plans, photos, videos, or other materials, whether online, by email, by postal mail, through social media, or otherwise, you agree that we may use such submissions as permitted by law and subject to any applicable privacy rights.
You agree that we may, where legally permitted, edit, copy, publish, distribute, translate, display, and otherwise use comments, reviews, feedback, or submissions that you send to us or post publicly about our products.
We are under no obligation to maintain comments in confidence, pay compensation for comments, or respond to comments unless required by law.
We may, but have no obligation to, monitor, edit, reject, or remove content that we determine in our sole discretion to be unlawful, offensive, threatening, defamatory, obscene, misleading, fraudulent, infringing, or otherwise objectionable.
You agree that your comments and submissions will not violate the rights of any third party, including copyright, trademark, privacy, publicity, personality, or other personal or proprietary rights.
You further agree that your comments will not contain unlawful, abusive, false, misleading, malicious material, malware, or computer viruses.
You may not use a false email address, impersonate another person, or otherwise mislead us or third parties regarding the origin of any comments.
You are solely responsible for comments you make and their accuracy.
We take no responsibility and assume no liability for comments posted by you or any third party to the fullest extent permitted by law.
## Section 13 — Personal Information
Your submission of personal information through the store is governed by our Privacy Policy.
This may include information submitted as part of product personalization, such as uploaded photographs or other content.
Please review our Privacy Policy to understand how we collect, use, store, process, and protect your information.
## Section 14 — Errors, Inaccuracies, and Omissions
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies, or omissions.
These may relate to product descriptions, customization options, pricing, discounts, promotions, offers, shipping charges, transit times, production times, availability, or other information.
We reserve the right to correct errors, inaccuracies, or omissions and to change or update information or cancel orders if information on the site or in the Service is inaccurate at any time without prior notice, including after you have submitted your order.
We undertake no obligation to update, amend, or clarify information in the Service or on any related website, including pricing information, except as required by law.
No specified update or refresh date on the site should be taken to indicate that all information has been modified or updated.
## Section 15 — Prohibited Uses
In addition to other prohibitions set forth in these Terms, you are prohibited from using the site, Service, personalization tools, or content:
- For any unlawful purpose
- To solicit others to perform or participate in unlawful acts
- To violate any international, federal, provincial, state, or local laws or regulations
- To infringe upon or violate our intellectual property rights or the intellectual property rights of others
- To violate another person's privacy, publicity, or personality rights
- To upload photographs or content that you do not have the right to use
- To harass, abuse, threaten, harm, defame, slander, disparage, intimidate, or discriminate
- To submit false or misleading information
- To upload or transmit viruses, malware, or other malicious code
- To collect or track personal information of others without authorization
- To spam, phish, pharm, pretext, spider, crawl, scrape, or engage in similar abusive activity
- For any obscene or unlawful purpose
- To interfere with or circumvent the security features of the Service, related websites, other websites, or the Internet
- To place fraudulent orders
- To abuse promotions or automatic discounts
- To abuse refund, replacement, return, or chargeback procedures
We reserve the right to terminate your use of the Service or related website for violating any prohibited use.
## Section 16 — Disclaimer of Warranties; Limitation of Liability
We do not guarantee, represent, or warrant that your use of our Service will be uninterrupted, timely, secure, or error-free.
We do not warrant that results obtained from the use of the Service or our products will always be accurate, reliable, or guaranteed.
You agree that from time to time we may remove the Service for indefinite periods or cancel the Service at any time without notice.
You expressly agree that your use of, or inability to use, the Service is at your sole risk.
The Service and all products and services delivered to you through the Service are, except as expressly stated by us or required by law, provided “as is” and “as available,” without representations, warranties, or conditions of any kind, either express or implied.
To the fullest extent permitted by law, Roast Mug and our directors, officers, employees, affiliates, agents, contractors, suppliers, fulfillment partners, service providers, and licensors shall not be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind.
This includes, without limitation, lost profits, lost revenue, lost savings, lost data, replacement costs, business interruption, or similar damages, whether based in contract, tort, negligence, strict liability, or otherwise.
Because some states, provinces, countries, or jurisdictions do not allow exclusion or limitation of liability for consequential or incidental damages, in such jurisdictions our liability shall be limited to the maximum extent permitted by law.
Nothing in these Terms limits or excludes liability where it would be unlawful to do so.
## Section 17 — Indemnification
You agree to indemnify, defend, and hold harmless Roast Mug and our parent companies, subsidiaries, affiliates, partners, officers, directors, agents, contractors, suppliers, fulfillment providers, service providers, subcontractors, licensors, interns, and employees from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of:
- Your breach of these Terms
- Your violation of any law
- Your violation of the rights of a third party
- Content or photographs you submit for personalization
- Your misuse of the website or Service
- Your fraudulent, abusive, or unauthorized activity
## Section 18 — Consumer Rights
Nothing in these Terms is intended to limit, exclude, or replace any mandatory consumer rights that may apply to you under the laws of your country, state, province, or territory.
If any part of these Terms conflicts with rights that cannot legally be waived or limited, those mandatory rights will apply.
## 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 applicable law.
The unenforceable portion shall be deemed severed from these Terms, and the determination shall not affect the validity and enforceability of the remaining provisions.
## Section 20 — Termination
The obligations and liabilities of the parties incurred prior to termination shall survive termination of this agreement.
These Terms are effective unless and until terminated by either you or us.
You may terminate these Terms at any time by notifying us that you no longer wish to use our Services or by ceasing to use our site.
If, in our sole judgment, you fail or we suspect that you have failed to comply with any term or provision of these Terms, we may terminate this agreement at any time without notice to the extent permitted by law.
You will remain liable for all amounts due up to and including the date of termination, and we may deny you access to our Services or any part thereof.
## Section 21 — Entire Agreement
The failure of us to exercise or enforce any right or provision of these Terms shall not constitute a waiver of that right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to the Service constitute the entire agreement and understanding between you and Roast Mug regarding your use of the Service.
These Terms govern your use of the Service and supersede prior or contemporaneous agreements, communications, and proposals relating to the Service, whether oral or written, including prior versions of these Terms.
Any ambiguities in the interpretation of these Terms shall not be construed against the drafting party.
## Section 22 — Governing Law
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the applicable laws governing Roast Mug and its operating entity, without limiting any mandatory consumer protection rights that apply in your jurisdiction.
## Section 23 — Changes to Terms of Service
You can review the most current version of these Terms of Service at any time on this page.
We reserve the right, at our sole discretion, to update, change, or replace any part of these Terms by posting updates and changes to our website.
It is your responsibility to check our website periodically for changes.
Your continued use of or access to our website or the Service following the posting of changes constitutes acceptance of those changes.
## Section 24 — Contact Information
Questions about these Terms of Service should be sent to us at:
support@roastmug.com