Terms of Service

OVERVIEW

Welcome to Mercurius Curio Shop.

The terms “we,” “us” and “our” refer to Mercurius Curio Shop Inc. Mercurius Curio Shop operates this store and website, including all related information, content, features, tools, products and services, in order to provide you with a curated shopping experience (the “Services”).

Mercurius Curio Shop is powered by Shopify, which enables us to provide the Services to you.

These terms and conditions, together with any policies referenced herein (the “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 including purchases, returns, shipping, warranties 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 should not use or access the 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 province or territory of residence, or that you are the age of majority and have given your consent to allow any minor dependants to use the Services on devices you own, purchase or manage.

To use the Services, including browsing our online store or purchasing products or services, you may be asked to provide information such as your email address, billing information, payment information and shipping information.

You represent that all information you provide is accurate, current and complete and that you have the right to provide that information.

You are responsible for maintaining the security of your account credentials and for activity occurring through your account. You may not transfer, sell, assign or license your account to another person.

SECTION 2 – OUR PRODUCTS

We make reasonable efforts to accurately represent our products and services online. However, colours and product appearance may vary depending on your screen, device settings, lighting and other factors.

Many Mercurius products are handmade, natural, individually produced, vintage-inspired, one-of-a-kind or created from materials that naturally vary in colour, texture, shape, pattern, inclusions or finish. These variations are part of the nature of the product and are not necessarily defects.

Where an individual one-of-a-kind item is specifically photographed, you will receive the item shown unless otherwise stated.

We cannot guarantee that the appearance of a product on your device will exactly match its appearance in person.

Product descriptions, availability and specifications may be changed without notice. We reserve the right to discontinue products and to limit quantities available to any person, household, geographic area or jurisdiction where reasonably necessary.

SECTION 3 – ORDERS

When you place an order, you are making an offer to purchase products or services from Mercurius Curio Shop.

We reserve the right to accept or decline an order where reasonably necessary, including because of inventory errors, pricing errors, suspected fraud, payment issues, product availability or circumstances preventing us from fulfilling the order.

An order is not considered accepted until payment has been successfully processed and the order has been accepted for fulfillment.

Please review your order carefully before submitting it.

Eligible orders may be cancelled until fulfillment in accordance with our cancellation rules. Certain Final Sale products may not be eligible for self-serve cancellation.

If you need to change or cancel an order, please contact us as soon as possible. We will make reasonable efforts to accommodate your request before fulfillment begins but cannot guarantee that changes can be made once an order has been packed, fulfilled or shipped.

If we cancel or materially change an order, we will attempt to contact you using the email address, billing information or telephone number provided with the order.

Purchases are subject to our Return & Refund Policy.

Purchases made through our online store are intended for personal or household use unless otherwise agreed with us.

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 when the order is placed and will be shown in your order confirmation.

Unless otherwise stated, listed prices do not include applicable taxes, shipping or handling charges.

Prices or promotions available through our online store may differ from those offered at our physical retail location, events, pop-ups or third-party sales channels.

From time to time, we may offer promotions governed by separate terms and conditions. Where the terms of a specific promotion conflict with these Terms, the promotional terms will govern.

You agree to provide current, complete and accurate purchase, payment and account information for purchases made through the Services.

You represent that you are authorized to use the payment method provided and agree to pay all applicable charges associated with your order.

SECTION 5 – SHIPPING AND DELIVERY

Shipping and delivery are subject to our Shipping Policy.

Mercurius Curio Shop currently offers online shipping within Canada.

All processing and delivery timelines are estimates and are not guaranteed arrival dates.

Standard orders are generally processed within the timeframe stated in our Shipping Policy. Fragile, oversized, heavy, high-value or specialty merchandise may require additional processing time, custom packaging or specialized shipping arrangements.

Delivery may be affected by carrier delays, weather, holidays, service interruptions, remote or rural destinations or other circumstances outside our reasonable control.

Orders containing products with different packaging or shipping requirements may be divided into multiple shipments and may arrive separately.

If an order is delayed, lost or damaged in transit, please contact Mercurius Curio Shop and we will assist with the applicable carrier investigation or claim in accordance with our Shipping Policy.

Nothing in this section limits any rights or remedies available under applicable consumer protection legislation.

SECTION 6 – INTELLECTUAL PROPERTY

Our Services, including trademarks, trade names, logos, text, images, graphics, photography, product descriptions, reviews, video, audio, website design and other content, are owned by or licensed to Mercurius Curio Shop and are protected by applicable Canadian and international intellectual property laws.

These Terms permit you to use the Services for personal, non-commercial purposes only.

You may not reproduce, distribute, modify, create derivative works from, publicly display, republish, download, commercially exploit or otherwise use our content without prior written permission, except where permitted by law.

Mercurius Curio Shop names, logos, designs and slogans may not be used without our prior written permission.

Shopify trademarks remain the property of Shopify. All other third-party names, trademarks, logos and intellectual property remain the property of their respective owners.

SECTION 7 – OPTIONAL TOOLS

You may be provided access to tools or functionality offered by third parties through the Services that we do not control.

Unless otherwise stated, access to such third-party tools is provided on an “as is” and “as available” basis.

Your use of optional third-party tools is at your own discretion, and you should review the terms and policies applicable to those tools.

We may offer new features, tools or resources through the Services in the future. Such features will also form part of the Services and will be subject to these Terms.

SECTION 8 – THIRD-PARTY LINKS

The Services may contain links or functionality connecting to websites, services or content operated by third parties.

We are not responsible for evaluating or guaranteeing the accuracy, availability, security or content of third-party websites or services.

If you choose to access a third-party website or service, you do so subject to that third party’s terms and policies.

Questions, complaints or claims relating specifically to products or services supplied by a third party should be directed to that third party.

SECTION 9 – RELATIONSHIP WITH SHOPIFY

Mercurius Curio Shop is powered by Shopify, which enables us to provide the Services to you.

However, purchases made through our store are transactions directly between you and Mercurius Curio Shop.

Shopify is not the seller of products purchased from Mercurius Curio Shop and is not responsible for the fulfillment of those purchases.

To the extent permitted by applicable law, you acknowledge that Shopify and its affiliates are not responsible for injury, loss or damage arising specifically from products or services supplied directly by Mercurius Curio Shop.

SECTION 10 – PRIVACY POLICY

Personal information collected through the Services is handled in accordance with our Privacy Policy.

Certain personal information may also be processed by Shopify in accordance with Shopify’s applicable privacy policies.

Because our Services are hosted by Shopify, Shopify processes certain information concerning your access to and use of the Services in order to provide and operate the ecommerce platform.

Information submitted through the Services may also be processed by service providers located outside your province or outside Canada where necessary to provide the Services.

Please review our Privacy Policy for further information about how personal information is collected, used, disclosed and protected.

SECTION 11 – FEEDBACK, REVIEWS AND SUBMISSIONS

If you voluntarily submit, upload, post, email or otherwise provide ideas, suggestions, feedback, reviews, photographs, comments or other content to us (“Feedback”), you grant us a non-exclusive, worldwide, royalty-free licence to use, reproduce, publish, display and distribute that Feedback in connection with operating, improving and promoting Mercurius Curio Shop and the Services, subject to applicable law.

You represent that you have the right to provide the Feedback and that it does not violate another person’s copyright, trademark, privacy, personality or other rights.

If you received compensation or another incentive in connection with Feedback or a review, you are responsible for making any legally required disclosure.

We may moderate or remove Feedback that we reasonably believe is unlawful, abusive, defamatory, fraudulent, obscene, infringing or otherwise inappropriate.

You remain responsible for the content and accuracy of Feedback you submit.

SECTION 12 – ERRORS, INACCURACIES AND OMISSIONS

Occasionally, information available through the Services may contain typographical errors, inaccuracies or omissions relating to product descriptions, pricing, promotions, offers, shipping charges, transit times, inventory or availability.

We reserve the right to correct errors, inaccuracies or omissions and to update information where reasonably necessary.

If an error materially affects an order you have already placed, we may contact you to correct the order or, where necessary, cancel the affected item or order and refund the applicable amount.

Nothing in this section limits any rights available to consumers under applicable law.

SECTION 13 – PROHIBITED USES

You may access and use the Services only for lawful purposes.

You must not use the Services:

• For an unlawful, fraudulent or malicious purpose;

• To violate applicable federal, provincial, territorial, municipal or international laws;

• To infringe our intellectual property rights or the rights of another person;

• To harass, abuse, threaten, defame or unlawfully discriminate against another person;

• To knowingly submit false or misleading information;

• To distribute spam, malicious software, viruses or harmful code;

• To impersonate another individual or organization;

• To collect personal information about others unlawfully;

• To interfere with or circumvent security features or access controls;

• To scrape, extract, copy or exploit substantial portions of the Services without authorization; or

• To otherwise interfere with the normal operation or enjoyment of the Services.

We reserve the right to restrict, suspend or terminate access where we reasonably determine that these Terms have been violated.

SECTION 14 – AUTOMATED AGENTS

This section applies where software, automated systems or artificial intelligence agents (“Agents”) are used to access or interact with the Services.

Agents must not conceal or misrepresent their automated nature, circumvent security or access controls, defeat CAPTCHAs or similar protections, or access portions of the Services where automated access has been prohibited.

We may use reasonable technical measures to limit or restrict automated access to the Services.

Automated use of the Services remains subject to these Terms and applicable law.

SECTION 15 – TERMINATION

We may suspend or terminate access to the Services where reasonably necessary, including where these Terms have been violated, unlawful activity is suspected or continued access could compromise the Services or other users.

You remain responsible for amounts properly owing in connection with purchases made before termination.

Provisions that by their nature should continue following termination—including intellectual property, liability, privacy, governing law and other accrued rights—will continue to apply.

SECTION 16 – DISCLAIMER OF WARRANTIES

Information presented through the Services is provided for general informational purposes.

While we make reasonable efforts to provide accurate information, we do not guarantee that all website content will always be complete, current or error-free.

Except for warranties, conditions or consumer rights that cannot legally be excluded, the Services are provided on an “as is” and “as available” basis.

To the extent permitted by law, we do not guarantee that access to the Services will always be uninterrupted, secure or error-free.

Nothing in these Terms excludes or limits any statutory warranty, condition, guarantee or consumer right that cannot legally be excluded or limited.

SECTION 17 – LIMITATION OF LIABILITY

To the fullest extent permitted by applicable law, Mercurius Curio Shop, its directors, officers, employees, affiliates, agents, contractors, service providers and licensors will not be liable for indirect, incidental, special, punitive or consequential damages arising from your use of the Services where such liability may lawfully be limited.

Nothing in these Terms excludes or limits liability where doing so would be prohibited by applicable law.

Nothing in this section limits any non-waivable rights or remedies available to consumers under applicable consumer protection legislation.

SECTION 18 – INDEMNIFICATION

To the extent permitted by law, you agree to indemnify and hold harmless Mercurius Curio Shop, Shopify and their respective affiliates, directors, officers, employees, agents, contractors, licensors and service providers from third-party claims, losses, damages, liabilities and reasonable legal costs arising from:

1. Your material breach of these Terms;

2. Your unlawful use of the Services; or

3. Your violation of another person’s legal rights.

This obligation does not apply to the extent a claim results from the negligence, misconduct or legal responsibility of a party seeking indemnification.

SECTION 19 – SEVERABILITY

If any provision of these Terms is determined to be unlawful, invalid or unenforceable, that provision will be enforced to the greatest extent permitted by law or, where necessary, severed from these Terms.

The remaining provisions will continue in full force and effect.

SECTION 20 – WAIVER; ENTIRE AGREEMENT

Our failure to exercise or enforce a right or provision of these Terms does not constitute a waiver of that right or provision.

These Terms, together with our Privacy Policy, Shipping Policy, Return & Refund Policy and any other policies or terms incorporated by reference, constitute the agreement governing your use of the Services.

Nothing in this section limits any rights that cannot lawfully be waived or excluded.

SECTION 21 – ASSIGNMENT

You may not transfer or assign your rights or obligations under these Terms without our prior written consent where such consent is reasonably required.

We may assign or transfer these Terms in connection with a sale, restructuring or transfer of our business or assets, subject to applicable law.

SECTION 22 – GOVERNING LAW

These Terms of Service and any separate agreements through which we provide the Services are governed by the laws of the Province of Alberta and the applicable federal laws of Canada.

Subject to any rights or remedies that cannot lawfully be limited under applicable consumer protection legislation, disputes relating to these Terms or the Services will be subject to the jurisdiction of the courts of Alberta.

Nothing in these Terms limits any non-waivable rights available to consumers under applicable law.

SECTION 23 – HEADINGS

The headings used in these Terms are included for convenience only and do not limit or otherwise affect the interpretation of the Terms.

SECTION 24 – CHANGES TO THESE TERMS

The most current version of these Terms of Service will be available through our website.

We may update or replace portions of these Terms from time to time.

Where required by applicable law, we will provide notice of material changes. Changes will become effective on the date stated in the updated Terms or applicable notice.

Your continued use of the Services after an updated version becomes effective constitutes acceptance of the updated Terms to the extent permitted by law.

SECTION 25 – CONTACT INFORMATION

Questions about these Terms of Service may be directed to:

Mercurius Curio Shop Inc.
12330 106 Avenue NW
Edmonton, Alberta T5N 1S5
Canada

Phone: 780-213-9536
Email: hello@mercuriuscurio.ca

Additional contact information is available through our Contact page.

Spirit Within Matter.