Terms of service

Welcome to Averill Mahjong. The terms “we”, “us” and “our” refer to Averill Mahjong. Averill Mahjong 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”). Averill Mahjong 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 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, you should not use or access our Services.
Section 1 - Access and Account
By agreeing to these Terms, you represent that you are at least the age of majority in your state or province of residence, or that you have given us consent to allow 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 products or services, you may be asked to provide information such as email address, billing, payment, and shipping information. You represent and warrant that all information you provide is correct, current, complete, and that you have all rights necessary to provide it.
You are solely responsible for maintaining the security of your account credentials and for all 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, colors or product appearance may differ from how they appear on your screen due to device type, 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 online.
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 offered to any person, geographic region, or jurisdiction.
Section 3 - Orders
When you place an order, you are making an offer to purchase. Averill Mahjong reserves the right to accept or decline your order for any reason at its discretion. Your order is not accepted until we confirm acceptance. We must receive and process your payment before your order is accepted.
Please review your order carefully before submitting, as we may be unable to accommodate cancellation requests after an order is accepted. If we do not accept, change, or cancel an order, we will attempt to notify you using the email, 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 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 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 online may differ from prices offered in physical stores or in online or other stores operated by third parties. Promotions may be governed by terms separate from these Terms; if there is a conflict, the promotion terms will govern.
You agree to provide current, complete, and accurate purchase, payment, and account information for all purchases and to promptly update account and payment information as needed.
You represent and warrant that your payment information is true, correct, complete, duly authorized, and that you will pay charges at posted prices, including shipping, handling, and applicable taxes.
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 trademarks, brands, text, displays, images, graphics, product reviews, video, audio, and the design, selection, and arrangement thereof, are owned by Averill Mahjong, its affiliates, or licensors and are protected by U.S. and foreign intellectual property laws.
These Terms permit you to use the Services for personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works from, publicly display, publicly perform, republish, download, store, or transmit material from the Services without prior written consent.
Averill Mahjong names, logos, product and service names, designs, and slogans are trademarks of Averill Mahjong or its affiliates or licensors. Shopify names and logos are trademarks of Shopify. Other names and logos 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, which we neither monitor nor control.
You acknowledge and agree that access to such tools is provided “as is” and “as available” without warranties, representations, conditions, or endorsement. We have no liability arising from or relating to your use of optional third-party tools.
Any use of optional tools is entirely at your own risk and discretion, and you should ensure that you approve the terms provided by the relevant third-party provider.
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 third-party materials or websites. If you access third-party sites, you do so at your own risk.
We are not liable for harm or damages related to third-party websites or your purchase or use of products, services, resources, or content from third-party websites. Complaints and questions regarding third-party products or services should be directed to the third party.
Section 9 - Relationship with Shopify
Averill Mahjong 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 Averill Mahjong.
By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of any sales between you and Averill Mahjong, including any injury, damage, or loss resulting from purchased products and services. You expressly release Shopify and its affiliates from claims, damages, and liabilities arising from or related to your purchases and transactions with Averill Mahjong.
Section 10 - Privacy Policy
All personal information we collect through the Services is subject to our Privacy Policy. Certain personal information may also be subject to Shopify's Privacy Policy. 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 about your access to and use of the Services in order to provide and improve the Services. Information you submit to the Services may be transmitted to and shared with Shopify and third parties in other countries.
Section 11 - Feedback
If you submit, upload, post, email, or otherwise transmit ideas, suggestions, feedback, reviews, proposals, plans, or other content (“Feedback”), you grant us a perpetual, worldwide, sublicensable, royalty-free license to use, reproduce, modify, publish, distribute, and display such Feedback in any medium for any purpose, including commercial use.
You represent and warrant that you own or have all necessary rights to the Feedback, have disclosed any compensation or incentives received, and that your Feedback complies with these Terms.
We are under no obligation to maintain Feedback in confidence, pay compensation, or respond. We may monitor, edit, or remove Feedback that we determine to be unlawful, offensive, threatening, defamatory, obscene, objectionable, or otherwise in violation of rights or these Terms.
Section 12 - Errors, Inaccuracies and Omissions
Occasionally there may be information in the Services that contains typographical errors, inaccuracies, or omissions relating to product descriptions, pricing, promotions, offers, product shipping charges, transit times, and availability.
We reserve the right to correct errors, inaccuracies, or omissions, and to change or update information or cancel orders if information is inaccurate at any time without prior notice, including after you have submitted an order.
Section 13 - Prohibited Uses
You may access and use the Services for lawful purposes only. You may not use the Services for unlawful or malicious purposes; to violate laws; to infringe intellectual property rights; to harass, abuse, defame, intimidate, or harm others; to transmit false or misleading information; to send spam or other unsolicited materials; to impersonate another person; or to engage in conduct that restricts or inhibits anyone's use of the Services.
You also agree not to upload viruses or malicious code, reproduce or exploit any portion of the Services, collect or track personal information of others, spam, phish, pharm, pretext, spider, crawl, scrape, or interfere with security features. We reserve the right to suspend, disable, or terminate your account at any time without notice if we determine that you violated these Terms.
Section 14 - Termination
We may terminate this agreement or your access to the Services, or any part thereof, in our sole discretion at any time without notice. You remain liable for all amounts due up to and including the date of termination.
Sections that by their nature should survive termination will continue to apply, including intellectual property, feedback, termination, disclaimers, limitation of liability, indemnification, severability, waiver, entire agreement, assignment, governing law, and privacy provisions.
Section 15 - Disclaimer of Warranties
The information presented through the Services is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Reliance on such information is at your own risk.
Except as expressly stated by Averill Mahjong, the Services and all products offered through the Services are provided “as is” and “as available,” without representations, warranties, or conditions of any kind, express or implied, including implied warranties of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
We do not guarantee that use of the Services will be uninterrupted, timely, secure, or error-free. Some jurisdictions limit disclaimers, so the above may not apply to you.
Section 16 - Limitation of Liability
To the fullest extent provided by law, in no case shall Averill Mahjong, our partners, directors, officers, employees, affiliates, agents, contractors, service providers, licensors, or Shopify and its affiliates be liable for any injury, loss, claim, or direct, indirect, incidental, punitive, special, or consequential damages of any kind.
This includes damages for lost profits, lost revenue, lost savings, loss of data, replacement costs, or similar damages arising from your use of the Services or products procured through the Services, even if advised of their possibility.
Section 17 - Indemnification
You agree to indemnify, defend, and hold harmless Averill Mahjong, Shopify, and our affiliates, partners, officers, directors, employees, agents, contractors, licensors, and service providers from losses, damages, liabilities, or claims, including reasonable attorneys' fees, payable to any third party due to or arising out of your breach of these Terms, violation of law, violation of third-party rights, or access to and use of the Services.
We may control the defense and settlement of indemnifiable claims at your expense, including choice of counsel, but will not settle claims requiring non-monetary obligations from you without your consent, not to be unreasonably withheld. You will cooperate in the defense of indemnified claims.
Section 18 - 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. The remaining provisions will remain valid and enforceable.
Section 19 - Waiver; Entire Agreement
Our failure to exercise or enforce any right or provision of these Terms does not constitute a waiver of that right or provision.
These Terms and any policies or operating rules posted by us constitute the entire agreement between you and us and govern your use of the Services, superseding prior or contemporaneous agreements, communications, and proposals. Ambiguities shall not be construed against the drafting party.
Section 20 - Assignment
You may not delegate, transfer, or assign this agreement or any rights or obligations under these Terms without our prior written consent, and any such attempt will be null and void. We may transfer, assign, or delegate these Terms and our rights and obligations without consent or notice to you.
Section 21 - Governing Law
These Terms of Service and any separate agreements whereby we provide Services shall be governed by and construed in accordance with the laws and courts applicable to the jurisdiction where Averill Mahjong is headquartered. You and Averill Mahjong consent to venue and personal jurisdiction in such courts.
Section 22 - Headings
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
Section 23 - Changes to Terms of Service
You can review the most current version of these Terms at any time on this page. We reserve the right, in our sole discretion, to update, change, or replace any part of these Terms by posting updates and changes to our website.
It is your responsibility to check our website periodically for changes. We will notify you of material changes in accordance with applicable law. Your continued use of or access to the Services following the posting of changes constitutes acceptance of those changes.
Section 24 - Contact Information
Questions about the Terms of Service should be sent to us at hello@averillmahjong.com.