TERMS OF SERVICE

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OVERVIEW

This website is operated by MORGAN CREATIONS LLC. Throughout the site, the terms “we”, “us”, and “our” refer to MORGAN CREATIONS LLC. MORGAN CREATIONS LLC 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 these Terms of Service (“Terms”), including any additional terms, conditions, and policies referenced herein or available by hyperlink. These Terms apply to all users of the site, including without limitation browsers, customers, merchants, vendors, and 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, then you may not access the website or use any services.

Any new features or tools added to the current store shall also be subject to these Terms. We reserve the right to update, change, or replace any part of these Terms by posting updates to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

Our store is hosted on Shopify Inc., which provides the e-commerce platform that allows us to sell our products and services to you.

For clarity, MORGAN CREATIONS LLC is the legal contracting entity for purchases made through this website. Product creation, handling, and shipment may be carried out from Spain.

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 in your state, province, or country of residence and have given us your consent to allow any of your minor dependents to use this site.

You may not use our products or services for any illegal or unauthorized purpose, nor may you, in the use of the Service, violate any laws in your jurisdiction, including intellectual property laws.

You must not transmit any worms, viruses, malware, or any code of a destructive nature.

A breach or violation of any of these Terms may result in immediate termination of your access to our Service.

2. GENERAL CONDITIONS

We reserve the right to refuse service to anyone for any reason at any time, including where we reasonably suspect fraud, abuse, unauthorized resale activity, violation of law, or breach of these Terms.

You understand that your content, excluding payment information, may be transferred unencrypted and may involve transmissions over various networks and changes to conform and adapt to technical requirements of connecting devices or networks. Payment information is always processed using secure encryption by the applicable payment processor.

You agree not to reproduce, duplicate, copy, sell, resell, or exploit any portion of the Service, use of the Service, access to the Service, or any contact on the website through which the Service is provided, without our prior written permission.

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

3. ACCURACY, COMPLETENESS, AND TIMELINESS OF INFORMATION

We are not responsible if information made available on this site is not accurate, complete, or current. Materials on this site are provided for general information only and should not be relied upon as the sole basis for making decisions without consulting more complete or timely sources where appropriate.

This site may contain historical information, which is provided for reference only and may not be current.

We reserve the right to modify the contents of this site at any time, but we are under no obligation to update any information on the site unless required by law.

4. 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 or discontinue the Service, or any part of it, without notice at any time.

We shall not be liable to you or to any third party for any modification, price change, suspension, or discontinuance of the Service.

5. PRODUCTS OR SERVICES

Certain products or services may be available exclusively online through the website. These products may have limited quantities and may be subject to return or exchange only in accordance with our Refund Policy.

We make reasonable efforts to display as accurately as possible the colors, textures, finishes, and images of our products. However, we cannot guarantee that your device’s display will accurately reflect the actual appearance of a product.

Many of our products are handmade, made to order, hand-painted, artist-made, or individually finished. As a result, slight variations in color, texture, gloss, proportions, positioning, finish, and other details may occur and shall not be considered defects unless otherwise required by law.

We reserve the right, but are not obligated, to limit the sales of our products or services to any person, geographic region, or jurisdiction, and 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 and pricing are subject to change at any time without notice, at our sole discretion. We reserve the right to discontinue any product at any time.

We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet every expectation, or that any errors in the Service will be corrected.

6. ORDER ACCEPTANCE, BILLING, AND ACCOUNT INFORMATION

We reserve the right to refuse, limit, cancel, or decline any order in our sole discretion. This may include limitations or cancellations on quantities purchased per person, per household, per order, or where orders appear to be placed by dealers, resellers, or distributors.

We may also refuse or cancel orders where we suspect fraud, unauthorized transactions, misuse of payment methods, inaccurate account information, or other suspicious activity.

If we make a change to or cancel an order, we may attempt to notify you using the email address, billing address, shipping address, or phone number provided at the time the order was made.

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

For more information, please review our Refund Policy and Shipping Policy.

7. SHIPPING, DELIVERY, CUSTOMS, AND IMPORT CHARGES

Products sold through this website may be produced, packed, and shipped from Spain, even where the legal seller is MORGAN CREATIONS LLC.

Delivery times provided on the site, at checkout, or in correspondence are estimates only and are not guaranteed unless expressly stated otherwise in writing.

Risk of loss or damage to goods passes in accordance with applicable law and the shipping terms applicable to your order.

The customer is responsible for ensuring that the shipping address provided is complete and accurate. We are not responsible for delays, failed deliveries, additional carrier fees, or losses caused by incorrect or incomplete shipping information provided by the customer.

For international orders, the customer is solely responsible for any customs duties, import duties, tariffs, VAT, GST, brokerage fees, clearance fees, local taxes, or any other charges imposed by the destination country, unless expressly stated otherwise on the website or at checkout.

If a package is refused, abandoned, unclaimed, or returned due to non-payment of customs charges, import charges, taxes, failure to cooperate with customs clearance, or failure to accept delivery, any refund shall be subject to deduction of original shipping costs, return shipping costs, duties, taxes, customs-related charges, carrier fees, payment processing fees where permitted, and any other expenses incurred by us as a result.

8. OPTIONAL TOOLS

We may provide access to third-party tools over which we neither monitor nor control.

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 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.

9. THIRD-PARTY LINKS

Certain content, products, and services available through our Service may include materials from third parties.

Third-party links on this site may direct you to websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy of third-party sites and we do not warrant and will not have any liability for any third-party materials, websites, products, or services.

Any complaints, claims, concerns, or questions regarding third-party products or services should be directed to the third party.

10. USER COMMENTS, FEEDBACK, AND SUBMISSIONS

If you send us submissions, feedback, suggestions, proposals, creative ideas, reviews, or other materials, whether requested by us or not, you agree that we may use, reproduce, edit, publish, distribute, and display such submissions in any medium, without restriction, except where prohibited by law.

We are under no obligation to maintain any submission in confidence, pay compensation for it, or respond to it.

We may, but have no obligation to, monitor, edit, or remove content that we determine in our sole discretion to be unlawful, abusive, offensive, fraudulent, defamatory, obscene, infringing, or otherwise objectionable.

You are solely responsible for any comments or submissions you make and their accuracy.

11. PERSONAL INFORMATION

Your submission of personal information through the store is governed by our Privacy Policy, which can be viewed here: https://my-monsters.com/policies/privacy-policy

12. ERRORS, INACCURACIES, AND OMISSIONS

Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies, or omissions relating to product descriptions, pricing, promotions, offers, shipping charges, transit times, availability, or other matters.

We reserve the right to correct any errors, inaccuracies, or omissions, and to change or update information or cancel orders if any information in the Service or on the website 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 except as required by law.

13. PROHIBITED USES

In addition to other prohibitions set forth in these Terms, you are prohibited from using the site or its content:

for any unlawful purpose;

to solicit others to perform unlawful acts;

to violate any applicable laws or regulations;

to infringe upon our intellectual property rights or the rights of others;

to harass, abuse, insult, harm, defame, slander, intimidate, or discriminate unlawfully;

to submit false, misleading, or fraudulent information;

to upload or transmit malware or malicious code;

to collect or track the personal information of others without authorization;

to spam, phish, pretext, scrape, crawl, or otherwise misuse the site;

for any obscene, immoral, or abusive purpose; or

to interfere with or circumvent the security features of the Service or any related website.

We reserve the right to terminate your use of the Service for violating any prohibited use.

14. INTELLECTUAL PROPERTY

All content on this website, including but not limited to text, images, product photos, product descriptions, branding, graphics, logos, artwork, designs, and site content, is owned by or licensed to MORGAN CREATIONS LLC and is protected by applicable intellectual property laws.

You may not use, reproduce, copy, distribute, modify, publish, display, or exploit any part of the site content without our prior written consent.

15. DISCLAIMER OF WARRANTIES

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 the results obtained from the use of the Service will be accurate or reliable.

You expressly agree that your use of, or inability to use, the Service is at your sole risk.

To the maximum extent permitted by applicable law, the Service and all products and services delivered through it 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.

Nothing in these Terms excludes any warranty or consumer right that cannot lawfully be excluded under applicable law.

16. LIMITATION OF LIABILITY

To the fullest extent permitted by law, MORGAN CREATIONS LLC and its officers, directors, members, employees, agents, contractors, affiliates, service providers, suppliers, and licensors shall not be liable for any indirect, incidental, special, punitive, or consequential damages, including without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, business interruption, or similar damages arising out of or related to your use of the Service or any products purchased through the Service.

To the fullest extent permitted by law, our total liability for any claim arising out of or relating to any product purchased through the site shall be limited to the amount actually paid by you for that product.

Nothing in these Terms shall exclude or limit liability where such exclusion or limitation is prohibited by applicable law.

17. PRODUCT USE AND SAFETY

The customer is responsible for using products safely and appropriately.

Unless expressly stated otherwise in a product listing, our products are decorative, artistic, collectible, costume, prop, display, or accessory items and are not medical devices, protective equipment, toys for children, or products intended for misuse.

Customers are responsible for reading all product descriptions and using products only in the manner reasonably intended. We are not liable for damage, injury, or loss arising from misuse, modification, improper handling, inappropriate storage, or use contrary to the product description.

18. INDEMNIFICATION

You agree to indemnify, defend, and hold harmless MORGAN CREATIONS LLC and its affiliates, officers, directors, members, employees, contractors, service providers, suppliers, and agents from and against any claim, demand, liability, damage, loss, cost, or expense, including reasonable attorneys’ fees, arising out of or related to your breach of these Terms, your violation of any law, or your violation of any rights of a third party.

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, and the unenforceable portion shall be deemed severed from these Terms. Such determination shall not affect the validity and enforceability of any remaining provisions.

20. TERMINATION

These Terms are effective unless and until terminated by either you or us.

You may terminate these Terms at any time by ceasing to use our site.

We may terminate or suspend your access to the Service immediately, without notice, if in our sole judgment you fail, or we suspect that you have failed, to comply with any provision of these Terms.

Any obligations and liabilities incurred prior to termination shall survive termination.

21. ENTIRE AGREEMENT

These Terms, together with any policies or operating rules posted by us on this site, 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.

Any ambiguities in the interpretation of these Terms shall not be construed against the drafting party.

22. GOVERNING LAW

These Terms of Service and any separate agreements whereby we provide you products or services shall be governed by and construed in accordance with the laws of the State of New Mexico, United States, without regard to conflict of law principles, except where mandatory consumer protection laws of the customer’s place of residence apply and cannot lawfully be excluded.

23. CHANGES TO THESE TERMS

You can review the most current version of these Terms 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. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

24. CONTACT INFORMATION

Questions about these Terms of Service should be sent to:

MORGAN CREATIONS LLC

Irina Simakova SOLE MBR
412 W 7th St
Clovis, NM 88101
United States

Email: contact@iramorgan.com