Terms of service
OVERVIEW
Welcome to CharmyPop! The terms "we," "us," and "our" refer to CharmyPop. CharmyPop 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"). CharmyPop 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 state or province of residence, and you have given us your consent to allow any of your minor dependents to use the Services on devices you own, purchase or manage.
To use the Services, including accessing or browsing our online store or purchasing any of the products 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 information you provide 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.
SECTION 2 — OUR PRODUCTS
We have made every effort to provide an accurate representation of our products in our online store. However, please note that colors or product appearance may differ from how they appear on your screen due to your device type and settings.
We do not warrant that the appearance or quality of any products purchased by you will meet your expectations or be the same as depicted in our online store.
All product descriptions 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 quantities on a case-by-case basis.
SECTION 3 — MADE TO ORDER AND PERSONALIZED PRODUCTS
Every CharmyPop charm is handcrafted and made to order specifically for you. Production begins after your order is placed and payment is confirmed. Please allow 5–7 business days for production before your order ships.
Because each piece is custom made to your specifications, it cannot be resold to another customer. All sales are final. Please refer to our Return and Refund Policy for full details.
Order Cancellations: Orders may be cancelled within 24 hours of purchase by contacting hello@charmypop.com with your order number. Once production has begun, cancellations cannot be accommodated.
Custom Text: CharmyPop reproduces custom text exactly as entered at checkout. You are solely responsible for reviewing and confirming the accuracy of all personalized text before submitting your order. CharmyPop is not responsible for spelling errors, typos, or incorrect information submitted by the customer.
CharmyPop reserves the right to cancel any order containing text that is offensive, political, or otherwise inappropriate. A full refund will be issued in such cases.
SECTION 4 — ORDERS
When you place an order, you are making an offer to purchase. CharmyPop reserves the right to accept or decline your order for any reason at its discretion. Your order is not accepted until CharmyPop confirms acceptance. We must receive and process your payment before your order is accepted.
Your purchases are subject to our Return and 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 5 — PRICES AND BILLING
All prices are listed in US dollars. Prices, discounts and promotions are subject to change without notice. The price charged for a product 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 stated, posted prices do not include taxes or shipping charges.
California sales tax is collected and remitted in accordance with state law.
You agree to provide current, complete and accurate purchase and payment information for all purchases. You represent and warrant that the payment information you provide is true, correct, and complete and that you are duly authorized to use such payment method.
SECTION 6 — SHIPPING AND DELIVERY
CharmyPop ships within the United States. All delivery times are estimates only and are not guaranteed. We are not responsible for delays caused by shipping carriers or events outside our control. Once we transfer your order to the carrier, risk of loss passes to you.
SECTION 7 — INTELLECTUAL PROPERTY
All content on charmypop.com — including the CharmyPop name, logo, product designs, photography, text, and graphics — is owned by CharmyPop and is protected by US copyright, trademark, and other 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, republish, download, store, or transmit any material from the Services without our prior written consent. All rights not expressly granted herein are reserved by CharmyPop.
SECTION 8 — OPTIONAL TOOLS
You may be provided with access to tools offered by third parties as part of the Services, which we neither monitor nor have any control over. We provide access to such tools "as is" without any warranties or endorsement and shall have no liability arising from your use of optional third-party tools.
SECTION 9 — THIRD-PARTY LINKS
The Services may contain links to third-party websites. We are not responsible for the content, accuracy, or practices of any third-party websites. If you access third-party sites, you do so at your own risk.
SECTION 10 — RELATIONSHIP WITH SHOPIFY
CharmyPop 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 CharmyPop. By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of any sales between you and CharmyPop. You hereby expressly release Shopify and its affiliates from all claims, damages, and liabilities arising from or related to your purchases and transactions with CharmyPop.
SECTION 11 — PRIVACY POLICY
All personal information we collect through the Services is subject to our Privacy Policy. By using the Services, you acknowledge that you have read our Privacy Policy.
SECTION 12 — FEEDBACK
If you submit any feedback, reviews, or suggestions, you grant CharmyPop a perpetual, worldwide, royalty-free license to use, reproduce, modify, publish, and distribute such content for any purpose, including operating and promoting the Services.
SECTION 13 — ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on the Services that contains typographical errors, inaccuracies or omissions relating to product descriptions, pricing, or availability. We reserve the right to correct any errors and to change or update information at any time without prior notice.
SECTION 14 — PROHIBITED USES
You may access and use the Services for lawful purposes only. You may not use the Services for any unlawful purpose, to violate any regulations or laws, to infringe upon intellectual property rights, to harass or harm any person, to transmit false or misleading information, or to engage in any conduct that restricts or inhibits anyone's use of the Services.
SECTION 15 — AGENTS
No automated agent or software may access, use, or interact with the Services without identifying itself as an agent in all requests, in strict compliance with our requirements. We may limit, including by technical measures, whether and how any agent accesses or interacts with the Services.
SECTION 16 — TERMINATION
We may terminate this agreement or your access to the Services at any time without notice. You will remain liable for all amounts due up to the date of termination. Sections relating to Intellectual Property, Limitation of Liability, Indemnification, and Governing Law will survive termination.
SECTION 17 — DISCLAIMER OF WARRANTIES
THE SERVICES AND ALL PRODUCTS OFFERED THROUGH THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT ANY REPRESENTATION, WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE, AND NON-INFRINGEMENT. SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO THE ABOVE MAY NOT APPLY TO YOU IN FULL.
SECTION 18 — LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PROVIDED BY LAW, CHARMYPOP SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING LOST PROFITS, LOST REVENUE, OR LOSS OF DATA, ARISING FROM YOUR USE OF THE SERVICES OR ANY PRODUCTS PURCHASED THROUGH THE SERVICES. CHARMYPOP'S LIABILITY FOR ANY CLAIM ARISING FROM A PURCHASE IS LIMITED TO THE AMOUNT PAID FOR THE ORDER IN QUESTION.
SECTION 19 — INDEMNIFICATION
You agree to indemnify, defend and hold harmless CharmyPop, Shopify, and our affiliates, officers, employees, agents, and service providers from any losses, damages, liabilities or claims, including reasonable attorneys' fees, arising out of your breach of these Terms, your violation of any law, or your access to and use of the Services.
SECTION 20 — SEVERABILITY
If any provision of these Terms is determined to be unlawful, void or unenforceable, that provision shall be severed and shall not affect the validity and enforceability of any other remaining provisions.
SECTION 21 — WAIVER; ENTIRE AGREEMENT
These Terms of Service, together with any policies posted on this site, constitute the entire agreement between you and CharmyPop and govern your use of the Services.
SECTION 22 — GOVERNING LAW
These Terms are governed by the laws of the State of California. Any disputes shall be resolved in the courts of Santa Clara County, California.
SECTION 23 — CHANGES TO TERMS OF SERVICE
We reserve the right to update these Terms at any time by posting changes to our website. Your continued use of the Services following any changes constitutes acceptance of those changes.
SECTION 24 — CONTACT INFORMATION
CharmyPop Customer Service Team hello@charmypop.com PO Box 320935, Los Gatos, CA 95032 DBA Registration: CharmyPop — FBN724605 — Santa Clara County