Terms of service

Overview

Welcome to Good Mud. The terms “we”, “us” and “our” refer to Good Mud. Good Mud operates this store and website, including all related information, content, features, tools, products and services in order to provide you, the customer, with a curated shopping experience (the “Services”). Good Mud is powered by Shopify, which enables us to provide the Services to you.

The below terms and conditions, together with any policies referenced herein (these “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 such as warranty 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 Privacy Policy, you should 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 country of residence, or that you are using the Services under the supervision of a parent or legal guardian.

To use the Services, including accessing or browsing our online store or purchasing any of the products or services we offer, you may be asked to provide certain information, such as your email address, billing, payment, and shipping information. You represent and warrant that all the information you provide in our store is correct, current and complete and that you have all rights necessary to provide this information.

You are solely responsible for maintaining the security of your account credentials and for all of your account activity. You may not transfer, sell, assign, or license your account to any other person.

Section 2 - Our products

We have made every effort to provide an accurate representation of our products and services in our online store. However, please note that colours or product appearance may differ from how they may appear on your screen due to the type of device you use to access the store and your device settings and configuration.

We do not warrant that the appearance or quality of any products or services purchased by you will meet your expectations or be the same as depicted or rendered in our online store.

All descriptions of products are subject to change at any time without notice at our sole discretion. We reserve the right to discontinue any product at any time and may limit the quantities of any products that 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. Good Mud reserves the right to accept or decline your order for any reason at its discretion. Your order is not accepted until Good Mud confirms acceptance. We must receive and process your payment before your order is accepted. Please review your order carefully before submitting, as Good Mud may be unable to accommodate cancellation requests after an order is accepted. In the event that we do not accept, make a change to, or cancel an order, we will attempt to notify you by contacting the email address, billing address, and/or phone number provided at the time the order was made.

Your purchases are subject to return or exchange solely in accordance with our Refund Policy.

You represent and warrant that your purchases are for your own personal or household use and not for commercial resale or export.

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 at the time the order is placed and will be set out in your order confirmation email. Unless otherwise expressly stated, posted prices do not include taxes, shipping, handling, customs or import charges.

Prices posted in our online store may be different from prices offered in physical stores or in online or other stores operated by third parties. We may offer, from time to time, promotions on the Services that may affect pricing and that are governed by terms and conditions separate from these Terms. If there is a conflict between the terms for a promotion and these Terms, the promotion terms will govern.

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

You represent and warrant that the payment information you provide is true, correct, and complete, that you are duly authorised to use such payment method for the purchase, that charges incurred by you will be honoured by your payment provider, and that you will pay charges incurred by you at the posted prices, including shipping and handling charges and all applicable taxes, if any.

Section 5 - Shipping and delivery

We are not liable for shipping and delivery delays. All delivery times are estimates only and are not guaranteed. We are not responsible for delays caused by shipping carriers, customs processing, or events outside our control. Once we transfer products to the carrier, title and risk of loss passes to you.

Section 6 - Intellectual property

Our Services, including but not limited to all trademarks, brands, text, displays, images, graphics, product reviews, video and audio, and the design, selection and arrangement thereof, are owned by Good Mud, its affiliates or licensors and are protected by applicable intellectual property laws.

These Terms permit you to use the Services for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any material on the Services without our prior written consent. Except as expressly provided herein, nothing in these Terms grants or shall be construed as granting a licence or other rights to you under any intellectual property of Good Mud, Shopify or any third party.

Good Mud’s names, logos, product and service names, designs and slogans are trademarks of Good Mud or its affiliates or licensors. You must not use such trademarks without prior written permission. Shopify’s name and branding remain the property of Shopify.

Section 7 - Optional tools

You may be provided with access to customer tools offered by third parties as part of the Services, 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 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.

Section 8 - Third-party links

The Services may contain materials and hyperlinks to websites provided or operated by third parties. We are not responsible for examining or evaluating the content or accuracy of any third-party materials or websites. If you decide to leave the Services to access these 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 of any third-party websites or your purchase or use of any products, services, resources, or content on any third-party websites.

Section 9 - Relationship with Shopify

Good Mud is powered by Shopify, which enables us to provide the Services to you. However, any sales and purchases you make in our store are made directly with Good Mud. By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of any sales between you and Good Mud, including any injury, damage, or loss resulting from purchased products and services.

Section 10 - Privacy policy

All personal information we collect through the Services is subject to our Privacy Policy. Because the Services are hosted by Shopify, Shopify may collect and process personal information about your access to and use of the Services in order to provide and improve the Services.

Section 11 - Feedback

If you submit any ideas, suggestions, reviews, or other content (“Feedback”), you grant us a perpetual, worldwide, royalty-free licence to use, reproduce, modify, publish and distribute such Feedback for any lawful purpose, including commercial purposes.

You represent and warrant that you own or have the necessary rights to submit such Feedback and that it does not violate the rights of any third party.

Section 12 - Errors, inaccuracies and omissions

Occasionally there may be information on the Services that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, shipping charges, transit times and availability. We reserve the right to correct any errors and to change or update information or cancel orders if any information is inaccurate at any time without prior notice.

Section 13 - Prohibited uses

You may access and use the Services for lawful purposes only. You may not use the Services for any unlawful, fraudulent, abusive or harmful purpose, or in any way that could damage or impair the Services.

We reserve the right to suspend or terminate your access if you violate these Terms.

Section 14 - Termination

We may terminate your access to the Services at our discretion at any time without notice. You remain liable for all amounts due up to the date of termination.

Section 15 - Disclaimer of warranties

The Services and all products offered through the Services are provided “as is” and “as available” without warranties of any kind, either express or implied, to the fullest extent permitted by law.

Section 16 - Limitation of liability

To the fullest extent permitted by applicable law, Good Mud shall not be liable for any indirect, incidental, punitive, or consequential damages arising from your use of the Services or any products purchased through the Services.

Section 17 - Indemnification

You agree to indemnify and hold harmless Good Mud and its affiliates from any claims or demands arising out of your breach of these Terms or your violation of any law or the rights of a third party.

Section 18 - Severability

If any provision of these Terms is determined to be unlawful or unenforceable, the remaining provisions shall remain in full force and effect.

Section 19 - Waiver; Entire agreement

These Terms and any policies posted on this site constitute the entire agreement between you and Good Mud and govern your use of the Services.

Section 20 - Assignment

You may not assign your rights under these Terms without our prior written consent. We may assign our rights or obligations without notice.

Section 21 - Governing law

These Terms shall be governed by and construed in accordance with the laws of South Africa. Any disputes shall be subject to the jurisdiction of the courts of South Africa.

Section 22 - Headings

Headings are included for convenience only and do not affect the interpretation of these Terms.

Section 23 - Changes to terms of service

We reserve the right to update or change these Terms at any time by posting updates on our website. Your continued use of the Services constitutes acceptance of those changes.