Terms of service

Terms of Service

OVERVIEW

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

The following 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 contain important information regarding your legal rights and cover areas such as disclaimers and limitations of liability.

By accessing, interacting with, or using our Services, you agree to be bound by these Terms of Service and our Privacy Policy [https://minthecesaar.com/policies/privacy-policy]. If you do not agree to these Terms of Service or the Privacy Policy, you should not access or use 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 the state or province in which you reside, 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 stores or purchasing any products or services we offer, you may be required to provide certain information, such as your email address, billing address, shipping address, and payment information. You represent and warrant that all information you provide through our stores is accurate, current, and complete, and that you have all rights necessary to provide such information.

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

SECTION 2 – OUR PRODUCTS

We have made every effort to accurately display our products and services in our online stores. However, please note that product colors or appearance may differ from how they 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 guarantee that the appearance or quality of any products or services purchased by you will meet your expectations or be identical to what is displayed or delivered through our online stores.

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 the quantities of any products 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. Minthe & Cesaar reserves the right to accept or reject your order for any reason at its sole discretion. Your order is not accepted until Minthe & Cesaar confirms its acceptance. We must receive and process your payment before your order is accepted.

Please review your order carefully before submitting it, as Minthe & Cesaar may not be able to accommodate cancellation requests once an order has been accepted. In the event that we do not accept, modify, or cancel an order, we will attempt to notify you by contacting the email address, billing address, and/or telephone number provided at the time the order was placed.

Your purchases may only be returned or exchanged in accordance with our Refund Policy [https://minthecesaar.com/policies/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 – PRICING 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 stated in your order confirmation email. Unless expressly stated otherwise, listed prices do not include taxes, shipping and handling fees, customs duties, or import charges.

Prices in our online stores may differ from prices in physical stores or online stores operated by third parties. We may occasionally offer promotions on the Services that affect pricing and are subject to separate terms and conditions. If there is a conflict between the terms of 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 through our stores. You agree to promptly update your account and other information, including your email address, credit card numbers, and expiration dates, so that we can complete your transactions and contact you as necessary.

You represent and warrant that:
(i) any credit card information you provide is true, accurate, and complete;
(ii) you are duly authorized to use such credit card for the purchase;
(iii) charges incurred by you will be honored by your credit card company; and
(iv) you will pay all charges incurred at the posted prices, including shipping and handling charges and applicable taxes, where applicable.

SECTION 5 – SHIPPING AND DELIVERY

We are not liable for shipping or delivery delays. All delivery dates are estimates only and are not guaranteed. We are not responsible for delays caused by carriers, customs clearance procedures, or events beyond our control. Title to and risk of loss for products pass to you upon our transfer of the products to the carrier.

SECTION 6 – INTELLECTUAL PROPERTY

Our Services, including but not limited to all trademarks, brands, text, displays, images, graphics, product reviews, videos, audio, and the design, selection, and arrangement thereof, are owned by Minthe & Cesaar, its affiliates, or licensors and are protected by United States and international patent, copyright, and other intellectual property laws.

These Terms permit you to use the Services solely for personal, non-commercial use. You may not reproduce, distribute, modify, create derivative works from, 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 you any license or other rights under any patent, trademark, copyright, or other intellectual property right of Minthe & Cesaar, Shopify, or any third party. Unauthorized use of the Services may violate intellectual property laws. All rights not expressly granted herein are reserved by Minthe & Cesaar.

The names, logos, product and service names, designs, and slogans of Minthe & Cesaar are trademarks of Minthe & Cesaar or its affiliates or licensors. You may not use such trademarks without the prior written permission of Minthe & Cesaar. Shopify’s name, logo, product and service names, designs, and slogans are trademarks of Shopify. All other names, logos, product and service names, designs, and slogans appearing on the Services are trademarks of their respective owners.

SECTION 7 – OPTIONAL TOOLS

You may be provided access to customer tools offered by third parties as part of the Services, over which we neither monitor nor have any control or input.

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 any 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, and you should ensure that you are familiar with and approve of the terms on which such tools are provided by the relevant third-party providers.

We may also, in the future, offer new features through the Services (including the release of new tools and resources). Such new features shall also be subject to these Terms of Service.

SECTION 8 – THIRD-PARTY LINKS

The Services may contain materials and hyperlinks to websites provided or operated by third parties (including embedded third-party functionality). We are not responsible for examining or evaluating the content or accuracy of any third-party materials or websites you choose to access.

If you decide to leave our Services and access any third-party materials or websites, you do so entirely at your own risk.

We are not liable for any harm or damages related to your access to third-party websites or your purchase or use of any products, services, resources, or content available through third-party websites. Please review carefully the policies and practices of any third party and make sure you understand them before engaging in any transaction.

Complaints, claims, concerns, or questions regarding third-party products and services should be directed to the relevant third party.

SECTION 9 – RELATIONSHIP WITH SHOPIFY

[NOTE TO MERCHANT: This section accurately describes the relationship between Shopify and your store and may not be removed or modified.]

Minthe & Cesaar is powered by Shopify, which enables us to provide the Services to you. However, all sales and purchases made in our Store are conducted directly with Minthe & Cesaar.

By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of any sale between you and Minthe & Cesaar, including any injury, damage, or loss resulting from purchased products or services.

You hereby expressly release Shopify and its affiliates from any and all claims, damages, and liabilities arising from or relating to your purchases and transactions with Minthe & Cesaar.

SECTION 10 – PRIVACY POLICY

All personal information we collect through the Services is subject to our Privacy Policy, which can be viewed here [LINK], and certain personal information may also be subject to Shopify’s Privacy Policy, which can be viewed here.

By using the Services, you acknowledge that you have read these privacy policies.

Because the Services are hosted by Shopify, Shopify collects and processes personal information regarding your access to and use of the Services in order to provide and improve the Services. Information submitted by you through the Services may be transmitted to and shared with Shopify and third parties located in countries other than your own in order to provide services to you.

Please review our Privacy Policy [https://minthecesaar.com/policies/privacy-policy] for more information on how we, Shopify, and our partners use your personal information.

SECTION 11 – FEEDBACK

If you submit, upload, post, email, or otherwise transmit any ideas, suggestions, feedback, reviews, proposals, plans, or other content (collectively, “Feedback”), you grant us a perpetual, worldwide, sublicensable, royalty-free license to use, reproduce, modify, publish, distribute, and display such Feedback in any medium and for any purpose, including commercial purposes.

For example, we may use our rights under this license to operate, provide, evaluate, improve, and promote the Services and to fulfill our obligations and exercise our rights under these Terms of Service.

You further represent and warrant that:

(i) you own or otherwise control all rights to the Feedback;
(ii) you have disclosed any compensation or incentives received in connection with the Feedback; and
(iii) your Feedback complies with these Terms.

We are under no obligation:

  1. to maintain any Feedback in confidence;

  2. to pay compensation for any Feedback; or

  3. to respond to any Feedback.

We may, but have no obligation to, monitor, edit, or remove Feedback that we determine in our sole discretion to be unlawful, offensive, threatening, defamatory, pornographic, obscene, or otherwise objectionable, or that violates any party’s intellectual property rights or these Terms.

You agree that your Feedback will not violate any right of any third party, including copyright, trademark, privacy, personality, or other personal or proprietary rights.

You further agree that your Feedback will not contain defamatory, unlawful, abusive, or obscene material, nor contain any computer virus or other malware that could affect the operation of the Services or any related website.

You may not use a false email address, pretend to be someone other than yourself, or otherwise mislead us or third parties as to the origin of any Feedback.

You are solely responsible for any Feedback you provide and its accuracy. We take no responsibility and assume no liability for any Feedback posted by you or any third party.

SECTION 12 – ERRORS, INACCURACIES, AND OMISSIONS

Occasionally there may be information on or within the Services that contains typographical errors, inaccuracies, or omissions relating to product descriptions, pricing, promotions, offers, shipping charges, transit times, and product availability.

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 Services is inaccurate at any time without prior notice, including after you have submitted your order.

SECTION 13 – PROHIBITED USES

You may access and use the Services only for lawful purposes. You may not access or use the Services, directly or indirectly:

(a) for any unlawful or malicious purpose;

(b) to violate any international, federal, provincial, state, or local laws, regulations, rules, or ordinances;

(c) to infringe upon or violate our intellectual property rights or the intellectual property rights of others;

(d) to harass, abuse, insult, harm, defame, slander, intimidate, or discriminate against our employees or any other person;

(e) to submit false or misleading information;

(f) to upload, download, use, reproduce, or distribute any material that does not comply with these Terms;

(g) to transmit, or procure the sending of, any advertising or promotional material, including “junk mail,” “chain letters,” “spam,” or any similar solicitation;

(h) to impersonate or attempt to impersonate another person or entity; or

(i) to engage in any conduct that restricts or inhibits anyone’s use or enjoyment of the Services, or which, as determined by us, may harm Minthe & Cesaar, Shopify, users of the Services, or expose them to liability.

In addition, you agree not to:

(a) upload or transmit viruses or any other malicious code that may affect the functionality or operation of the Services;

(b) reproduce, duplicate, copy, sell, resell, exploit, or otherwise use any portion of the Services without authorization;

(c) collect or track the personal information of others;

(d) spam, phish, pharm, pretext, spider, crawl, or scrape the Services;

(e) use robots, spiders, scraping tools, data-mining tools, AI tools (including agentic AI), automated systems, or manual processes to access, monitor, or copy any content from the Services; or

(f) interfere with, circumvent, disable, or otherwise compromise any security features or access-control measures used by us.

We reserve the right to suspend, disable, or terminate your account without notice if we determine that you have violated any provision of these Terms.

SECTION 14 – AGENTS

14.1

This section (“Agent Terms”) applies if you use, permit, enable, or allow an Agent to access, use, or interact with the Services.

“Agent” means any software or service that acts autonomously or semi-autonomously on behalf of or under the direction of an individual or entity, and that may operate on behalf of a person or using a person's device without direct supervision.

14.2

An Agent may not access, use, or interact with the Services unless it identifies itself at all times and operates in strict compliance with the requirements set forth in Section 14.4 below.

In addition, an Agent may not access, use, or interact with the Services if we have requested that the Agent refrain from accessing, using, or interacting with any Service.

14.3

We may limit, including through technical measures, whether and how an Agent may access, use, or interact with the Services.

14.4

Agents must:

(i) indicate in all HTTP/HTTPS requests that the request originates from an Agent and disclose the Agent’s name by including the following in the user-agent string:

“Agent/[agent name]”

(ii) not conceal or misrepresent that access, use, or interactions originate from an Agent, including by:

(a) imitating human behavior or interaction patterns; or

(b) completing or circumventing CAPTCHAs or similar mechanisms designed to distinguish computers from humans;

(iii) answer truthfully any questions or prompts intended to determine whether an interaction originates from a human or a computer;

(iv) not bypass, circumvent, or otherwise avoid any measures designed to block, restrict, modify, or monitor whether and how Agents access, use, or interact with the Services.

SECTION 15 – TERMINATION

We may terminate this agreement or your access to the Services (or any part thereof) at any time, at our sole discretion, without notice.

You remain responsible for all amounts due up to and including the date of termination.

The following sections shall survive termination:

  • Intellectual Property

  • Feedback

  • Termination

  • Disclaimer of Warranties

  • Limitation of Liability

  • Indemnification

  • Severability

  • Waiver

  • Entire Agreement

  • Assignment

  • Governing Law

  • Privacy Policy

and any other provisions which by their nature should survive termination.

SECTION 16 – DISCLAIMER OF WARRANTIES

The information presented on or through the Services is made available solely for general informational purposes.

We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk.

We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Services, or by anyone who may be informed of their contents.

UNLESS EXPRESSLY STATED BY [MERCHANT], THE SERVICES AND ALL PRODUCTS PROVIDED THROUGH THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS FOR YOUR USE, WITHOUT ANY REPRESENTATION, WARRANTIES, OR CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE, AND NON-INFRINGEMENT.

WE DO NOT WARRANT THAT YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE.

SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES OR OTHER WARRANTIES, SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.

SECTION 17 – LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL [MERCHANT], OUR AFFILIATES, PARTNERS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS, SERVICE PROVIDERS, OR LICENSORS, OR THOSE OF SHOPIFY AND ITS AFFILIATES, BE LIABLE FOR ANY INJURY, LOSS, CLAIM, OR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, LOST PROFITS, LOST REVENUE, LOST SAVINGS, LOSS OF DATA, REPLACEMENT COSTS, OR ANY SIMILAR DAMAGES, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, ARISING FROM YOUR USE OF THE SERVICES OR ANY PRODUCTS PURCHASED THROUGH THE SERVICES.

THIS INCLUDES, WITHOUT LIMITATION, ANY CLAIM RELATED TO ERRORS OR OMISSIONS IN CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF THE SERVICES OR ANY CONTENT OR PRODUCT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

SECTION 18 – INDEMNIFICATION

You agree to indemnify, defend, and hold harmless Minthe & Cesaar, Shopify, and our affiliates, partners, officers, directors, employees, agents, contractors, licensors, and service providers from and against any losses, damages, liabilities, claims, or demands, including reasonable attorneys’ fees, arising out of or related to:

  1. your breach of these Terms of Service or any documents incorporated by reference;

  2. your violation of any law or the rights of a third party; or

  3. your access to or use of the Services.

We will notify you of any indemnifiable claim, provided that any failure to promptly notify you will not relieve you of your obligations unless you are materially prejudiced by such failure.

We may control the defense and settlement of any such claim at your expense, including selecting legal counsel, but we will not settle any claim requiring non-monetary obligations from you without your consent (which may not be unreasonably withheld).

You agree to cooperate fully in the defense of any claim, including by providing relevant documents and information.

SECTION 19 – SEVERABILITY

If any provision of these Terms of Service is determined to be unlawful, void, or unenforceable, such provision shall nevertheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed severed from these Terms of Service.

Such determination shall not affect the validity and enforceability of any remaining provisions.

SECTION 20 – WAIVER; ENTIRE AGREEMENT

Our failure to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.

These Terms of Service and any policies or operating rules posted by us on this site or relating to the Services constitute the entire agreement and understanding between you and us and govern your use of the Services.

They supersede all prior or contemporaneous agreements, communications, and proposals, whether oral or written, between you and us, including any previous versions of these Terms of Service.

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

SECTION 21 – ASSIGNMENT

You may not delegate, transfer, or assign this Agreement or any of your rights or obligations under these Terms without our prior written consent. Any attempted assignment in violation of this provision shall be null and void.

We may transfer, assign, or delegate these Terms and our rights and obligations under them without your consent or notice.

SECTION 22 – GOVERNING LAW

These Terms of Service and any separate agreements whereby we provide services to you shall be governed by and construed in accordance with the laws of Belgium.

Any dispute arising out of or relating to these Terms of Service, the Services, or any transaction between you and Minthe & Cesaar shall be subject to the exclusive jurisdiction of the competent courts of Belgium.

If you are a consumer residing in a member state of the European Union, you shall also benefit from any mandatory provisions of the consumer protection laws applicable in your country of residence. Nothing in these Terms shall affect your statutory rights as a consumer under applicable law.

SECTION 23 – HEADINGS

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

SECTION 24 – CHANGES TO THE TERMS OF SERVICE

You can review the most current version of the 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 of Service by posting updates and changes to our website.

It is your responsibility to check our website periodically for changes.

We will notify you of any material changes to these Terms in accordance with applicable law, and such changes will become effective on the date specified in the notice.

Your continued use of or access to the Services following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

SECTION 25 – CONTACT INFORMATION

Questions about the Terms of Service should be sent to us at:

minthecesaar@gmail.com

Our contact information is:

Minthe & Cesaar
minthecesaar@gmail.com
Kettingweg 3, 9690 Kluisbergen, Belgium
+32 497 60 20 67
Company Number: 1037138747
VAT Number: BE1037138747